When a family member or loved one passes away, their estate is overseen by an executor. As the person responsible for managing the distribution of assets to heirs and several other duties, the executor owes a fiduciary duty to the estate beneficiaries.
This means exercising due diligence in completing their duties and acting in good faith. Unfortunately, sometimes executors fail in this duty.
The duties of an executor
Illinois law gives executors many responsibilities, such as identifying and valuing the estate’s assets, paying off the estate’s debts, filing a final tax return and distributing the assets to the correct beneficiaries.
Serving as an executor requires time and effort. An executor should be responsible, detail-oriented and responsible.
You cannot remove an executor from an estate simply because you do not like them. You also typically cannot remove them if they make a bad judgment call and the estate loses money.
However, if you are concerned that they are not fulfilling their responsibilities or are acting negligently in managing the estate, you can petition the court to remove them as the executor.
When removal might be the right choice
Some common examples of situations that might be appropriate for removing an executor is if they are wasting estate assets or failing to fulfill basic executor duties such as filing an inventory with the estate, paying taxes or distributing assets to heirs.
Essentially, you must have good cause to petition to remove an executor. Being convicted of a felony or being judged mentally incompetent are other examples of situations where good cause to remove an executor may be present.
You must have evidence to back up the claims. Once you file a petition to remove an executor, you will be scheduled for a hearing before a judge. You must attend the hearing and have your evidence ready to support your claim that the executor is unfit.