Legal Question in Wills and Trusts in New York

Remove Parents' Attorney as Executor

Our late parents had appointed their attorney as executor. Over the last 3 months we have observed that the attorney has not acted in a timely fashion in many areas, property maintenance, paying bills promptly and overseeing the care of the house and property as he should. We have been very patient but by now are extremely dissatisfied with his performance of duties as executor. How do we, as the children of his late clients, terminate him as executor? What does it involve and how expensive can it be? Thank you.


Asked on 6/27/06, 9:30 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Remove Parents' Attorney as Executor

You do not say anything about the estate's liquidity, which may make it difficult to keep current on bill paying and the like. If there is a true basis to your concerns, you could petition the Surrogate's Court to have the Executor removed and replaced. You would need to document your concerns and have facts there has been delay and/or negligence in the handling of the estate. You can expect there might be several hearings before the Court makes this decision and it could run several thousand dollars in fees. This is a response to an Internet question and the response is not intended to be legal advice or to create an attorney-client relationship.

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Answered on 6/28/06, 11:13 am


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