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My mother's estate atty has made himself an executor in my mother's will. How can we have him removed as an executor?

Elkins Park, PA |

My mother is very unhappy with the lawyer who handled my father's estate. My mother had the atty. make a will for her. He made himself an executor in her will. How can we have him removed as an executor? My brother and I are also executors in her will.

Attorney Answers 3

Posted

Hello .... nice to meet you ...

I am assuming your mother is still alive (yes - seems obvious - but I just want to make sure) ...

Always always always remember that lawyers work for you (mother included) - not the other way around.

This seems very easy to fix ... you could ask for him to redo the Will and remove himself as Executor. If your mother did not ask him to include himself as Executor, then he should not have named himself as one.

However, at this point, everyones seems dissatisfied with the Attorney.

My suggestion? ... speak with an attorney about this - there are many that will not charge you for this. But your mother must be the one to do this - she is the client.

Let me know if you need further clarification ...

John

John B. Whalen, Jr., J.D., LL.M. is an AV Peer Review Attorney and Counselor at Law, is listed in The Bar Register of Preeminent Lawyers, is Avvo Rated 10.0 Superb, is a recipient of the Legum Magister (LL.M.) Post-Doctorate Degree in Taxation (from the Villanova University School of Law), and is a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

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Posted

Is your mother living? If so-she can change her will.
If she has passed away-you can petition the court
and state your case.
It is likely that your mom named the attorney with full knowledge of
what she was doing and could be hard to overturn.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

If your mother is still competent, then she may remove the attorney as Executor either by executing a Codicil or a new Will. It sounds like you and your brother are not satisfied with your mother's current attorney, so your best bet is to have your mother see a new attorney who can draft the new document for her. And, yes, this should be done by an attorney to make sure that the Codicil or Will is drafted and executed in a proper fashion. Don't be penny-wise and pound-foolish when it comes to something this important. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.

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