Legal Question in Wills and Trusts in Massachusetts

It depends on why the 1st executor is unfit.

It will depend on the reason the first executor is unfit. An heir or beneficiary can challenge the first executor's appointment based on sufficient grounds. However, the grounds need to be significant and related solely to the Executor's ability to carry out their duties properly.

It also depends on whether the first named executor agres that he or she is unfit. If so, he can decline appointment if the court has not yet named an executor, or resign if the appointment has already been made. In either case, the second named executor can request that the court name him or her as executor.

As the other attorneys have stated, if the first named executor does not agree that he is unfit, the objecor must prove that he is unfit to carry out the duties.

I hope this is helpful. Good luck -