When drafting a will, appointing an executor can benefit surviving family members and heirs. An executor has a vital role in managing the decedent’s estate, paying off debts and distributing the assets based on what the will says. Most of the time, having someone fulfill these tasks can relieve loved ones from complex burdens during an already emotional time.
Still, issues can arise no matter what plans and preparations are in place. Specific developments and family dynamics can lead to various concerns after the decedent’s death. Sometimes, the incidents can be so severe that the decedent’s heirs and beneficiaries could remove the executor, including the following reasons:
- They did not implement the will properly nor coordinate with the will’s beneficiaries appropriately
- There was a court order, and they did not follow it.
- The estate suffered losses because of their mismanagement.
- They committed misappropriation or fraud involving the estate.
- They made mistakes or misconduct that violated their fiduciary duties.
Any reason can become valid based on the circumstances. If the executor has a hostile relationship with the heirs, they might be unfit for the position. The appointment can also be inappropriate if they have a questionable criminal background or mental and physical impairments getting in the way of their executor tasks.
Understanding the rights of beneficiaries
Whether involving a will or trust, beneficiaries or heirs have specific rights, including having a say when the executor makes significant mistakes. In some scenarios, the details can have legal implications, possibly requiring experienced counsel. Seeking help from a professional might also be helpful if arrangements in effect may have become obsolete, considering recent events shortly before or after the decedent passed away.