Legal Question in Wills and Trusts in North Carolina
when there are co-executors named, and one of them is , um, not capable or grasping the task and obligations, (interpret that as - she's totally off her rails) is petitioning the court for removal of that executor considered 'contesting the will'. There is no issue with who gets what, just that things aren't getting done.
1 Answer from Attorneys
No. Petitioning for removal of an executor is not contesting the will. You are not contesting the will itself or the disposition. The co-executor will not do her job. She either needs to do her job and cooperate or she will have to be removed. The clerk will eventually remove her if inventories and such are not timely filed. But I would not wait for the clerk to act. I do not handle litigation, but please go to a probate attorney to assist you in removing the co-executor.
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