Remove an Executor of a NYC Estate
When a loved one passes away, the last thing anyone wants to deal with is a complicated and drawn-out probate process. In some cases, however, the person chosen as executor of the estate may not be up to the task, or may act in a manner that is contrary to the wishes of the deceased or the beneficiaries of the estate. If this is the case, it may be necessary to Remove an Executor of a NYC Estate and appoint a new one.
Here’s what you need to Remove an Executor of a NYC Estate.
Grounds to Remove an Executor of a NYC Estate
The first step in removing an executor is to determine if there are sufficient grounds for doing so. The grounds for removing an executor can be found in Surrogate’s Court Procedures Act 711 and 719.In New York, there are several reasons why an executor may be removed, including:
- The executor is not fulfilling their duties as outlined in the will
- The executor is not properly managing the estate
- The executor is misusing estate assets for their own benefit
- The executor is unable to properly administer the estate due to mental or physical incapacity
- The executor is in a conflict of interest with the beneficiaries of the estate
If you believe that one of these grounds exists, you can petition the court to remove the executor.
How to Remove an Executor of a NYC Estate
In New York, the process of removing an executor starts with filing a petition with the court. The petition must explain the grounds for removal and provide supporting evidence. Typically the Petition is filed with a Citation. If the Executor is actively stealing or actively endangering the estate, you may want to see to suspend the executor before the hearing. In this case, you would want to file the petition with an Order to Show Cause and seek a restraining order.
After the petition is filed, the court will schedule a return date for the Citation or Order to Show Cause. Typically, on or before the return date, the Executor will file an answer to the Petition. Depending on the county that you are in, the Court will then conference the case and set a discovery schedule.
The purpose of the Court conferences is to identify the real issue and determine whether there are any opportunities for resolution.
The purpose of the discovery schedule is to move the case along so that it can ultimately proceed to a trial on the merits.
At the hearing on removal, if the case gets to this point, the judge will consider the evidence presented by both sides and make a determination as to whether the executor should be removed. If the judge finds that there are sufficient grounds for removal, they will appoint a new executor to take over the administration of the estate.
The executor who has been removed (either by resignation as a result of a Court conference or settlement or by the Judge will then have to prepare and file an accounting for their actions).
It’s important to keep in mind that removing an executor can be a complex and time-consuming process. In addition, it can also be emotionally charged, especially if there are disagreements among the beneficiaries of the estate. For this reason, it’s strongly recommended that you work with an experienced attorney who can help guide you through the process and ensure that your rights are protected.
Conclusion
In New York, removing an executor of an estate is a serious matter that should not be taken lightly. If you believe that the executor of your loved one’s estate is not fulfilling their duties, or is acting in a manner that is contrary to the wishes of the deceased or the beneficiaries, it may be necessary to remove them and appoint a new executor. By working with a knowledgeable attorney, you can ensure that the process of removing an executor is handled efficiently and effectively, and that your rights and the rights of the estate are protected.
For more information, please contact NYC Probate Litigation, Guardianship, NYC Probate and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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