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An executor may be removed from his appointment as executor in the event that he fails to serve, is guilty of malfeasance, or is suffering from health problems which prevent him from acting.

It takes a petition to the court to have an executor removed. The Court will not automatically do it. That means that you will have to hire an attorney to make it happen. The former executor typically will file an accounting of his or her activities as personal representative, listing both principal (asset) receipts, disbursements, and distributions, and income receipts and disbursements before he or she is discharged by the court.

The newly appointed personal representative will be a "successor executor" if he or she had been named in the will as a successor executor, or possibly an administrator CTA (Administrator *** Testamento Annexo).

2007-05-15 23:22:35 · answer #1 · answered by Mark 7 · 0 0

Before death just change the will.

After death... Only if you can prove outright misconduct.

For example, they were not following conditions of the will and you had proof they were taking the funds alotted for one thing and putting those funds in an account for themselves. You would have to take your proof to an attorney and go to probate court to contest the appointed executor.

2007-05-16 05:54:18 · answer #2 · answered by Anonymous · 0 0

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