Legal Question in Wills and Trusts in Massachusetts

Petition for removal of an executor

My mom passed in september of last year. She had appointed her attorney as the executor of her will back in 96. My sisters and I are not happy with his handling of my mothers estate and we would like him removed as executor. We are not sure of the process that we sould take to have him removed. What steps do we need to do to petition the courts for his removal as the executor of the will.


Asked on 4/11/02, 7:00 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Petition for removal of an executor

You would need to file a petition for removal to remove the executor. This is filed in the Probate Court located in the county where your mother last resided. A judge would hear the petition and make a determination as to whether or not the named executor is unfit to serve. Courts generally give deference to the deceased choice of executor unless there is some reason to remove.

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Answered on 4/12/02, 9:49 am


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