Fiduciary Duties

Can you remove an executor of an estate in NC?

by Kirk Sanders

Can you remove an executor of an estate in NC?

Yes, it must be pursuant to NC Gen Statutes:

§ 28A‑4‑2. Persons disqualified to serve as personal representative. § 28A‑9‑1. Revocation after hearing. § 28A‑9‑2. Summary Revocation

In this Video, Trial Attorney Kirk Sanders will briefly discuss issues that may be reasons to bring an executor - personal representative removal hearing before the Clerk:

https://youtu.be/VS4XsOF_vpk

I've removed Executors and Administrators on many occasions. Estate/Trust Fiduciary Litigation is the main are where I fight for my clients.

Transcript of video:
If you're watching this video, you or one of your loved ones is having a problem with an estate. I handle estate litigation, whether it's a will challenges or estate misappropriation.
So in the right circumstances, I can help you remove an executor. But let's talk about it.

What are the warning signs?

  • Has the executor of the estate, bought a new house? quit their job? bought new cars? gone on big trips?
  • Have they failed to file the inventories that the clerk requires?
  • Are the personal representatives letting properties go into
    disrepair?
  • Are they refusing to discuss or have reasonable communications as to why they're taking certain actions?

You may need to call me. I've removed executors, but we've got to show some substantial bad acts. We've got to show they're unsuitable or they're a felon. They're stealing estate assets. Not reporting assets. They're illiterate. They've breached their fiduciary duty.
They've made false representations to the court. They have a conflict of interest that will hinder the fair administration of the estate. These are some of the key things.

I've handled these cases. be glad to speak with you briefly and see if this is something we want to work with you.

When you call. This will help speed the process along. I'm going to ask you:

  • the name of the dead person,
  • Date of death,
  • is there a will? or is it Intestate?
  • do you have a copy of the Last Will and Testament?
  • the name of the executor,
  • the other beneficiaries' names,
  • the approximate value of the estate, and
  • what's your general concern/problem with
    the state administration.
  • It is a bonus in the process if you have copies of the Will and Estate filings that I can review.
  • Call 336-510-4000.
     
← Back to All News
Tags: will contest, trust disputes, estate litigation, North Carolina