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To remove an executor of an estate, an interested party can file a petition in probate court. This legal action alleges that the executor is unfit due to reasons such as negligence, misconduct, or incapacity. Such a petition ensures the proper administration of the estate.
Typical breaches of estate executor fiduciary duty in Philadelphia includes self-dealing, embezzlement, comingling estate assets or losses that were created because of the executor's omission or wrongful act.
If you are the beneficiary of an estate and believe the executor is acting dishonestly or incompetently, you should speak with a lawyer about your legal rights. You may be able to sue to replace the executor, recover damages, or both.
Grounds for removal ing to Pennsylvania statutes, there are a few key reasons why an executor may prove unfit to administer an estate: If an executor becomes incapacitated enough that that incapacity risks injury of the estate. If an executor wastes or mismanages to estate.
The judge can remove an executor only if he or she hears the right evidence. This frequently mean interrogatories, subpoenaed documents, interviews with witnesses, using expert witnesses including accountants, and presenting through the rules of evidence.