Legal Question in Wills and Trusts in North Carolina

Incompetent Executor, Can he be removed?
My grandmother passed in feb 2007, grandfather passed in dec. 1995, will was drawn 1994. Executor named in will is now on disability for a mental handicap.(severe ocd). He thinks he has complete control over the estate and gets to decide who gets what and how much. The will states that all 5 children and myself all recieve equal shares of the estate and now that I am making him prove how what he wants is equal he says he is cutting me and my mom out. I know he can't do that, but I was wondering if he can be removed and let the clerk of court or her attorney preside as executor before he makes a complete mess of things. He can't even write out his own checks for bills.

thanks

Asked on 6/12/07, 9:17 am

Jeff Rosner Rosner Law Firm P.A.

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Re: Incompetent Executor, Can he be removed?

You can probably file a petition to remove the Esxecutor but you would want to consult with a qualified estate litigation attorney.

- Jeff

Answered on 6/12/07, 9:30 am

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