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Question:
My fiancée and her 2 sisters are the only remaining children of their deceased father. The father didn’t leave a will but he said that he wanted the sisters to split everything evenly. The middle sister is now doing illegal things. Can she be removed? Can an executrix be legally removed from the duties and another assigned?
Answer:
As an experienced Delaware County Estate Planning Attorney, I often handle these types of matters. An Executrix can be removed and another Executrix can be appointed by preparing and filing A Complaint to Compel Accounting and an Order to Show Cause. In the Complaint, you can demand the Executrix be removed and that a new Executrix be named in her place. The Order to Show Cause would direct the current Executrix to file a written answer to the Complaint and appear before the Court for the issue to be decided.
Do you have questions about removing an executrix? If so, contact the experienced Delaware County Estate Planning Attorney Stephen Loester.
This legal question was answered by Stephen Loester, an experienced Delaware County Estate Planning Attorney. This does not consent an attorney client relationship.