Legal Question in Wills and Trusts in Florida

How to Change executor

Hi there are three children that inherited estate after death of their mother,all agreeded that the one would be the executor and so it was accomplished through their attorney and the courts. Time has passed and the two are no longer happy with their choice as it seems some misdealings may be going on. Question can it be changed and how, or restrictions added to limit power?

Asked on 4/26/03, 9:24 am

4 Answers from Attorneys

Alex Littlefield Law Office of Alex D. Littlefield, Jr.

Re: How to Change executor

If the executor does notwant to resign and has omitted or comitted nothing which would give statutory basis for removal, then it would be very difficult to remove him. There are statutory grounds in the Probate Code for removal of personal representatives

Read more
Answered on 5/01/03, 11:59 pm
David Slater David P. Slater, Esq.

Re: How to Change executor

Florida law does not have an executor. It has an estate fiduciary. I assume there was no will naming this person. If the person appointed has breached his authority a petition for his removal can be brought. Proof will be needed.

Read more
Answered on 4/26/03, 10:24 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: How to Change executor

An executor (called "Personal Representative" in Florida) can be removed by the probate judge. However, the grounds for removal (e.g., misfeasance, malfeasance, failure to perform as required by Florida statutes, etc.) would have to be proved to the judge's satisfaction. As far as restrictions on his/her actions, either he/she has the powers of a personal representative, or he/she doesn't. Perhaps you may be able to withdraw something you waived in your original waiver, but you probably only waived your right to act as PR. Since there is a probate proceeding already, you would not have to file an independent law suit, but would file a motion to remove the PR (presumably through a local attorney) and set it for an evidentiary hearing (perhaps after having the PR appear before a court reporter in a deposition so that you can require him/her to produce requested documents and to ask questions under oath).

Read more
Answered on 4/26/03, 11:26 am

Re: How to Change executor

You can petition to have the present personal representative/executor removed. There is no guarantee the judge will agree.

As for modifying powers, it is not likely. If there was no will, the intestate statutes dictate what a PR can, cannot, and must do. If there was a will and it modified some or all of the default statutes, then the will prevails. Either way, the powers and duties would be the same no matter who the PR is unless the will specified different ones for different PR's. Good luck.

Read more
Answered on 4/26/03, 11:46 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida