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  1. #1
    Join Date
    Jun 2006
    Posts
    1

    Default How to Contest an Executor

    How complicated would it be to try and oust an executor? My uncle is the executor in our mothers will and some of his actions have been questionable. He is entitled to five percent of her large estate but is now charging an hourly fee for his services. He is also charging her estate for all his expenses such as travel, supplies, as well as items he purchased for his own home. He is hiring his friends to sell my mothers properties and has said that he will be giving us an "allowance" and not the full inheritance up front. My uncle is not employed nor does he have any assets. My mother was suffering from emotional issues when she rewrote her will just a few months ago when she named him as executor. Is this enough to contest him?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Contest an executor?

    Estate administration (probate) laws vary by state. You should consider consulting a lawyer in the state where the estate is being administered, discuss the actions of the executor, and find out if it would be appropriate to bring a motion with the court to remove and replace him. (It sounds like it probably is.)

  3. #3

    Default Re: Contest an executor?

    How large is the estate and how much money is involved. He will be using estate money to fight his removal and you can expect to spend at least 5000 in legal fess and it will take at least a year. I would be sure to videotape any personal possessions that were hers in order to be sure they are included in the estate.

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