why did the executor fire the estate attorney

Each state has its own rules about what constitutes reason for removal, but courts will remove an executor who: can't carry out the executor's duties doesn't comply with a court order uses estate funds for personal expenses or other improper uses fails to account for estate assets grossly mismanages estate property, or is convicted of a felony.

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Can an executor fire an attorney without the beneficiary's consent?

Jul 14, 2011 · Estate Planning Attorney in Danville, CA. Reveal number. tel: (925) 362-1010. Private message. Call. Message. Posted on Jul 15, 2011. The attorney can be fired, especially if he is unresponsive and not doing what is required after 15 months. However, it can get complicated since he may claim he is owed fees for the work done to date.

Can an executor of an estate hire an attorney?

There can be some less ominous reasons for the removal of an executor or administrator that don’t rise to the level of nonfeasance, negligence, or misfeasance. A prime example is a situation in which lines of communication deteriorate or breakdown between an executor or administrator and the heirs of the estate.

What are the duties of an executor of a deceased person?

Sep 01, 2017 · The executor can hire an attorney for the estate, without the approval of the other beneficiaries of the estate. And the executor can fire the attorney as well, also without anyone's approval. You may wish to hire an attorney to explore whether there are grounds to remove her as executor on the grounds of her improvidence (which is a fancy legal word meaning "dishonesty.")

Can an appointed executor fire the attorney representing the executor in Oklahoma?

Jul 28, 2020 · One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate. Many Executors do not understand the probate process and leave the tasks up to the lawyer.

What does an executor have to disclose to beneficiaries?

There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: ... Any change in value of estate assets. Liabilities and taxes paid from the estate.Jul 26, 2021

Can an administrator of an estate be removed?

If a beneficiary believes that an estate is not being properly administered, then it is possible for them to apply to the court to substitute or remove an executor or personal representative. ... This usually deals with the removal of executors and administrators after the grant of probate.Apr 1, 2019

What can you do if an executor refuses to pay?

If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced.May 18, 2020

Can an executor override a beneficiary?

Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.

Can an executor step down?

If the executor wishes to step down, they must sign a Deed of Renunciation. This document means that the executor agrees to give up the role and any responsibilities that come with it. The deed is then filed with the Probate Registry and is made final.

Do all executors have to agree?

Yes, otherwise the administration of the Estate can't continue. All the named Executors have to reach some form of agreement so the Probate process can go ahead. But it isn't always that simple and Executors can sadly disagree on a number of things, or face other challenges that slow the process down.

Can an executor withhold an inheritance?

Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.Oct 18, 2021

Can one executor act without the other?

It isn't legally possible for one of the co-executors to act without the knowledge or approval of the others. Co-executors will need to work together to deal with the estate of the person who has died. If one of the executors wishes to act alone, they must first get the consent of the other executors.Jun 29, 2021

Can an executor withdraw money from an estate account?

Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.

What happens when executors disagree?

6 days agoIf two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.Oct 14, 2021

What powers do executors have?

There are many legal responsibilities associated with being an executor, including potentially:registering the death.arranging the funeral.valuing the estate.paying any inheritance tax.applying for probate.sorting the deceased's finances.placing a deceased estates notice.distributing the estate.More items...

Can an executor sell property of the estate without all beneficiaries approving?

Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered. However, they should consult with beneficiaries about how to share the estate.Sep 30, 2020

How a Person Becomes an Executor or Administrator

Before diving into the specifics of whether (and how) an executor or administrator can be fired from working on an estate, it can be helpful to understand how a person ends up in one or another of these positions in the first place.

Grounds for Seeking the Termination of an Executor or Administrator

The judge presiding over a particular probate case is the individual vested with the authority to actually terminate an executor or administrator. There must exist a valid, even significant, reason underpinning the termination of an executor or administrator.

Who Can Seek Termination of an Executor or Administrator?

Generally speaking, only a person with a bona fide interest in the estate can seek to have an executor or administrator removed. Prime examples of people who are in a legal position to seek the removal of a executor or administrator include:

Jack C. Moore

Yes.#N#As executor, your aunt has a duty to comply with the law and the orders of the court, which are generally designed to protect the heirs of the estate, but the lawyer your aunt hired represents her as executor of the estate, period. That lawyer does not...

Beverly Atteberry

Yes, she can hire another attorney. You and/or the other heirs may need to hire your own attorney.

Elizabeth Ross-Jones

In Oklahoma, an appointed executor does not need to get permission from the heirs to fire the attorney representing the executor because the attorney represents the executor only, not the heirs. If the heirs need Counsel to advise them and defend their rights, they should hire their own Counsel to do so.

Michael S. Haber

The executor can hire an attorney for the estate, without the approval of the other beneficiaries of the estate. And the executor can fire the attorney as well, also without anyone's approval.

What are fiduciary duties?

Also, before answering the question, it is helpful to have an idea of some common activities created by fiduciary duties in the context of probating an estate: 1 Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, which means there is no attorney-client privilege and the attorney cannot give legal advice. 2 Duty to account: provide regular estate accountings, which includes explaining funds paid out of estate accounts for expenses. 3 Duty to treat all beneficiaries equal: distribute estate funds at the same time, if a question arises as to how something in the Will is to be interpreted the attorney cannot interpret it, the court must interpret it.

What is the first step in probate?

Whether you are the Executor or an heir of the probate estate, knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate.

Do lawyers have fiduciary duties?

Only a few states require the lawyer to meet the same fiduciary duty to the estate heirs as the Executor. These states believe that since the Executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the Executor, the duty flows from the Executor to the lawyer. Most states, however, take the position ...

What is the duty to communicate?

Duty to communicate: a duty to notify the beneficiaries the estate exists, identify the Executor, provide a copy of the inventory, provide copies of court filings, generally explain documents that require a beneficiary’s signature, etc. This duty to communicate is not the same thing as an attorney-client relationship, ...

What to do if you are not the executor of an estate?

If you are not the executor of her estate, you will have to convince the executor to choose another attorney. If he or she refuses to do so, you can petition the probate court to make the change. Report Abuse. Report Abuse.

Do I have to pay an attorney if I am not comfortable?

Yes, you are not required to keep an attorney if you are not comfortable or not happy with how he is handling your case. You will still be obligated to pay him for the services he had provided.

What is the job of executor of an estate?

As executor, it's your job to keep estate assets safe until you turn them over to the people who inherit them. Here are tips on how to meet this responsibility for some common kinds of estate property.

What happens if you let your insurance lapse?

If you let the insurance lapse, and then there is fire or other damage, theft, or a personal injury claim (someone trips on the front stair, for example), you could end up personally liable for the loss. It's your job to see that the property receives basic regular maintenance.

What is fiduciary responsibility?

Needless to say, your fiduciary responsibility—your position of trust, in charge of someone else's money—ob ligates you to act with absolute integrity when dealing with estate assets. You should never use the assets in a way that benefits you personally.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

What is the job of executor of deceased person's estate?

The executor of a deceased person’s estate is a fiduciary, someone legally and ethically bound to manage assets in the best interests of another party. Like most executors, you are probably eager to do a good job and to take care of estate business in a timely fashion. Unfortunately, the obligations that appear urgent may in fact be less important than others you may not yet be aware of.

Can you lend money to an executor?

When serving as an executor, particularly for a close family member, it is easy to be somewhat casual with assets, especially personal property. Never lend or give anyone (including yourself) estate funds or let them use the estate’s debit card. Likewise, secure other tangible assets.

What are some examples of executors?

One example is paying bills. As executor, the deceased’s mail has probably already started coming to you, and that mail likely includes bills: medical bills from the last illness, utilities, credit card bills, and so forth. As a diligent executor, you may think you have to pay these bills immediately to keep the finances ...

What to do if you don't pay bills?

If you don’t pay all bills immediately, what do you do? When you receive a bill, you can use the information on it to contact the creditor to notify them of the death. But what about creditors who don’t send monthly bills?

What happens if you don't file a claim?

If they don’t file a claim within that time period, it is barred. However, if an executor or personal representative does not take the proper steps to give notice, creditors may be able to demand payment after the executor believed the claims period was closed.

What is a fiduciary?

As a fiduciary, you are obligated not only to act in the best interests of the estate and its heirs, but to thoroughly document your actions. This seems obvious in the abstract, but in real life, it is easy to let things slip or to assume that because you have good intentions, everything will work out.

What happens if you fail to do probate?

If you fail to do so, you could unnecessarily extend the length, and the expense, of the probate process. You may be uncomfortable with the process of filling out schedules, documenting receipts and disbursements, and using accounting and balance sheets.

How to hire an estate attorney?

Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.

Why is it important to have an estate attorney?

Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.