Estate executors in Ohio have a legal duty to handle all the affairs of an estate owner after they die. When they don’t act competently, the beneficiaries can either write a letter of demand commanding them to administer the estate as per decedent wishes or simply remove them. If you want to remove an executor, here are the reasons or legal grounds that may warrant this course of action.
1. Conflict of interest
You can file a lawsuit to remove an executor through probate litigation if you know for certain that their interest could interfere with their fiduciary duties. You need to convince the court that this conflict of interest makes it almost impossible for them to serve. For example, if the executor is your relative who decides to move into the decedent’s home, which the decedent wanted to be sold and the proceeds shared, their reluctance to sell the home because they are staying there is a conflict of interest.
2. Gross misconduct
You can remove an estate executor if you can prove that they are incompetent and dishonest. If you have sufficient evidence that shows how an executor uses estate funds for their personal expenses, neglects the estate business, or can’t account for some of the assets, you have proper grounds to file a lawsuit against them.
You can remove an estate executor if they have a condition that renders them incapable of attending to their fiduciary duties. The conditions can either be physical or mental. For instance, if the executor is bedridden in the hospital and cannot attend to business, you have grounds to remove them in an Ohio court.
When the estate owner gave the executor powers to manage their affairs in their best interest, they probably couldn’t tell if problems would arise in the future that put the estate in jeopardy. Thus, as a beneficiary, it behooves you to take the necessary actions to protect what’s left as per the decedent’s wishes.