Legal Question in Wills and Trusts in New York

Re: disqualify executor

Insanity, incompetence, dishonesty conflict of interest, failure to act. One thing will not disqualify a fiduciary and that is dislike (frequently described as hatred).

Re: disqualify executor

I concur with Norman. Delay in performance is also not a ground, unless the delay is based on one of the other items.

Re: disqualify executor

There are several grounds. The biggest is not taking any action to probate the will over a period in excess of 6 months. Another is 'conflict of interest'. Fraud/dishonesty is another. There are others, but these are the most common.

Finding the executor is taking actions inconsistant with the terms of the will is what you must look for. (Excessive delay is inconsistant under the law.)

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