Legal Question in Wills and Trusts in New York
Can heirs petition to remove executor
I am an heir to a large estate and think the executor's actions are suspect. He is making large amounts of money from the estate and holds the power to manage our money forever and prevent us from getting any money without his consent. It is common knowledge that he is a convicted felon and served time in a federal penenitentary. The felony was committed years ago and has been mostly forgotten as yesterday's news, with no further incidents. Is there any way to have him removed as executor?
3 Answers from Attorneys
Re: Can heirs petition to remove executor
If he is truly a convicted felon, he can be removed. Under New York law a convicted felon may not serve as executor, trustee or administrator of an estate.
Re: Can heirs petition to remove executor
File a petition in surrogate's court.
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Re: Can heirs petition to remove executor
I agree with the other writers, but add that if you can establish that the Executor acted improperly, committed some type of fraud, mismanaged assets, etc., your petition can also ask that he be surcharged for any losses that have been incurred. You should also consider asking for an accounting of all that has happened. This is a response to an Internet question and the reply is not to be considered as legal advice nor as creating an attorney-client replationship. Note, missing or different facts could result in a different response.
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