Removing an Executor is not a quick or easy process. However, there are clear boundaries they must operate within. When an Executor crosses the line, they should unapologetically be removed.
Personally benefitting from the Estate, is one of those lines. It is not a matter of degree but whether it has occurred or not. There have been instances where Executors have just taken money from the Estate to pay for their own lifestyle or used it in their own business. These are clear breaches, whether it is $5,000 or $500,000.
Another line is when an Executor chooses to live in Estate property. If the Executor is doing so on a short term basis to prepare for a sale, find alternate accommodation or stay short term for insurance reasons before a sale, that is one thing. However, an Executor who has the Estate pay all the bills and lives their rent free for an extended stay, is personally benefiting and that is not a justifiable expense to the Estate.
Refusing to close the Estate is another line. When an executor refuses to take the necessary steps to make a final distribution, sell real estate or communicate with residual beneficiaries in a timely manner, they must go. There may be reasons for some delay, such as waiting for final tax filings and a clearance certificate. However, some Executors just lose interest, are tired of the job or are simply using delay to intentionally aggravate one or more beneficiaries. This is wrong and the Executor must finish the job or step aside.
It doesn’t matter what stage of the Estate Administration process the Estate is in. Executors who use their authority in managing an Estate for personal benefit must go. That is in the best interests of the Estate and beneficiaries.
