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Reasons to remove a Florida will executor

On Behalf of | Jul 4, 2023 | Estate Administration & Probate

A Florida will executor is the person who handles the administration of your estate after your death. You choose this person and name them in your will as the executor. As the will executor, this person has the right to handle all financial and legal matters of your estate. However, some situations might result in the removal of a will executor.

Executor unavailable

A person who agrees to become your will executor can change their mind. If that happens, you’ll remove them and find someone else. You’ll also have to do this if you outlive the executor or the executor becomes mentally or physically incapacitated.

Change in relationship

You might remove an executor if the status of your relationship changes. For instance, perhaps the executor is also your best friend. If the friendship falls apart, you may no longer want the person involved in estate administration.

There are also reasons someone might seek to remove the executor after your death. However, the person wishing to remove the executor must have a valid reason and supporting evidence.

Stealing

The executor of your will has access to your assets. The person could possibly steal funds or property set aside for your beneficiaries. The executor isn’t supposed to use your estate to benefit themselves.

Hostility

Your will executor might have a personal problem with your beneficiaries. In this case, the executor could abuse their position to make things difficult for the heirs. An example is failing to cooperate with your beneficiaries or failing to honor your will.

In addition to the reasons above, there are several other reasons why someone might petition to remove your will executive. The final decision on removal rests with the probate court or court overseeing the business of your estate.