Disputes Over Control of the Estate By An Executor of a Will

Often times disputes arise within a family over who will be entitled to control a estate pending the administration of probate, by virtue of being a court appointed Executor under a will.  For example, although a will may name a particular family member to serve as the Executor, other members of the family may believe that the Executor named in a will  has a conflict of interest, or has hidden motives or agendas so as to be biased, or simply lacks the competence to do the job correctly, or is dishonest.   This may be of particular concern when the estate includes a going concern business entity that comes under the management control of the Executor, who has the power to harm the business and thereby lower the value of an important estate asset.  In such circumstances, a challenge to the Executor may be made by an heir, who petitions the Probate Court for an order that a particular Executor be removed and replaced. 

If you have questions about a dispute involving an Executor of a will, please feel free to give us a call at (858) 259-7790 or contact us online.