William J. Benz Attorney At Law

Counsel to Howland, Hess, Guinan, Torpey, Cassidy and O’Connell, LLP

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Probate, Estates, Business and Real Estate

We are OPEN, continuing to represent clients and accepting new clients during these uncertain times. However, due to local directives, all meetings will be conducted via telephonic or video conferencing. We use a variety of platforms and will assist you in finding the best one for you. Do not hesitate to contact us with any questions, concerns or requests for information.

William J. Benz Attorney At Law
Of Counsel to Howland, Hess, Guinan, Torpey, Cassidy and O’Connell, LLP
Probate, Estates, Business and Real Estate
We are OPEN, continuing to represent clients and accepting new clients during these uncertain times. However, due to local directives, all meetings will be conducted via telephonic or video conferencing. We use a variety of platforms and will assist you in finding the best one for you. Do not hesitate to contact us with any questions, concerns or requests for information.

Petitioning to remove an executor in Pennsylvania

On Behalf of | Feb 19, 2022 | Probate And Estate Administration |

The death of your loved one is a time of extreme grief and stress and the last thing you want to see is a will or estate go mismanaged because of a poor pick in an executor. When you see it happening, you may feel helpless since they have court-granted letters of administration.

There are solutions if you feel an executor has refused to honor your loved one’s wishes. Just as the court granted that authority, they may revoke it given the appropriate proof.

Grounds for removal

According 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
  • If an executor incurs voluntary manslaughter or homicide charge
  • If an executor, for any other reason, jeopardizes the estate

With a will, some of this behavior may be easy to identify. If the will says one thing and they do another, that may be enough for a petition.

Responsibilities and duty

An executor’s duties come with many responsibilities that include wrapping up your loved one’s affairs, opening accounts to help manage the estate and paying off any creditors or final income taxes. It is a lot riding on the organizational skills and abilities of executors.

Failure to rise to those responsibilities, for whatever reason, is something that affects everyone in your family. If you suspect that your executor is no longer fit for their duties, there are options and processes to pursue in order to remedy that.