Can one remove the executor or the administrator of the estate? The process is not easy, but it has been done multiple times. Below are several common grounds for removal:
• Self-dealing. This means that the Executor of the Estate acts in the best interests of himself, instead of the interests of the creditors and the beneficiaries of the estate. It may include purchasing a house owned by the Estate at an artificially low price. Or it may include paying themself a high salary from the estate, without prior court approval.
• Improper management of assets. Often, the estate owns a business or an income producing property. If the estate administration process takes a long time, a good Executor will hire a property manager for the income producing property, to ensure that the rent is collected and the property remains in good repair. A bad Executor will forget to pay the property taxes, and will neglect the repairs, thus significantly reducing the value of the asset.
• Disobeying a Court Order. Periodically a Court may issue an Order to the Executor. It may require a formal accounting of all the assets, income and expenses of the Estate. Or it may include a request for additional information. Willfully disobeying a Court Order may be grounds for removal.
The laws and rules regarding estate administration are complex. There are various strategies and techniques that can be employed to resolve matters that arise during estate administration.
Please contact Sverdlov Law PLLC at 212-709-8112 or ksverdlov@sverdlovlaw.com if you are a beneficiary or a creditor of an estate and need help with the appointed Executor.