Can I have a corrupt executor of a will removed and someone impartial instated instead.

Asked over 1 year ago - Spring Hill, FL

My mother passed away and she left a will that everything she owns should be divided amongst my siblings and I. My brother is the executor of the will. He has no intention of dividing things fairly and he intends to stop the sale of the house and land at all costs. I was told that nothing can be done without his signature and that if he feels like it he could sell the house and take all the funds for himself. When my mother passed away she had two vehicles they were both in her name. After she died he forged her name and signed the vehicles over to himself. Is this enough to have him removed as the executor? Any help will be appreciated.

Attorney answers (5)

  1. Ruth Elaine McMahon

    Contributor Level 18

    11

    Lawyers agree

    Answered . If you can prove the allegations, this is enough to have him removed so that the alternate successor personal repressentative can take over administring the estate. There should have been an inventory filed within 60 days after he was appointed PR. If assets were missing, an amended inventory should be filed. You should consult an estate administrtion attorney - one that is not representing your brother to assist you. You will need an attorney to file a Petition with the Court to have your brother removed.

  2. Christopher Quinn Wintter

    Contributor Level 12

    8

    Lawyers agree

    Answered . If your brother violates his fiduciary duties, he can be removed as PR. Your questions lead to more questions and you really should consult with a probate litigation attorney. These matters are expensive. However, you can recover attorneys' fees if you prevail.

    What did he do with the cars? Did he keep them in violation of the terms of the will? Did he sell them and put the money in the estate? Did he put them in his name so they would be insured? People do things that aren't right all the time, but has the estate been damaged?

    Again, I would advise you to consult with a probate litigation attorney.

    Christopher Q. Wintter
    Wintter & Associates, P.A.
    2239 Hollywood Boulevard, Hollywood, FL 33020
    Phone: 954-920-7014 Fax: 954-920-7080
    CQW@WintterLaw.com www.WintterLaw.com

  3. Dennis Michael Phillips

    Contributor Level 17

    6

    Lawyers agree

    Answered . If you can prove that the appointed PR is breaching his fiduciary duty to the estate and heirs, then the Court should take action. This is one of the things that the Court is for. But, in order to do this effectively, you should have a probate attorney draft, file, and argue your motion(s).

    Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an... more
  4. Elizabeth Bertrand

    Contributor Level 8

    5

    Lawyers agree

    Answered . Florida Statutes 733.504 would assist you in this matter as it lists the causes for the removal of a personal representative which includes among other causes, "[f]ailure to account for the sale of property or to produce and exhibit the assets of the estate when so required and [w]asting or maladministration of the estate." I would recommend seeing a probate attorney regarding this matter. He or she can assist you with filing the proper documents to the court to assist you with this matter.

  5. Camilo Andres Espinosa

    Contributor Level 9

    2

    Lawyers agree

    Answered . Florida Statutes list causes for which a Personal Representative (executor) may be removed. One of these causes include holding or acquiring conflicting or adverse interest against the estate that will or may interfere with the administration of the estate as a whole. You need to contact a probate lawyer so he/she cal help you related to this issue. Please take note that a dispute between the beneficiaries of the estate (your siblings and you) by itself is insufficient grounds to refuse to appoint a personal representative if otherwise qualified. Again, please contact a probate attorney that can help you with this issue.

    Camilo A. Espinosa
    3101 Indian Creek Drive, Suite 207
    Miami Beach, FL 33140
    305-390-0450
    camilo.espinosa@loigica.com

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer... more

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