When your loved one wrote their will, they named an executor to administer their estate after death. While your loved one may have trusted the designated executor, you may notice signs of trouble after the testator has passed on and wonder whether the executor can or should be removed from this important position.
Do You Have Cause to Remove an Executor?
You may be able to sue to remove the executor named in a Louisiana will if you can prove the executor:
- Is unqualified to serve as the executor of a Louisiana estate. In Louisiana, an executor must be at least 18 years old, be of sound mind, and not be a convicted felon. Additionally, a Louisiana court may find an executor unqualified to serve because of bad moral character.
- Has a conflict of interest. In some cases, executors may be removed if they have a financial interest in the distribution of the estate’s assets.
- Breached their fiduciary duty. Executors have a duty to act in the best interests of the estate. Executors may breach their fiduciary duties if they act in their own self-interest, fail to perform essential succession responsibilities, or commit willful misconduct.
- Is incompetent. Executors who fail to do their jobs may be removed from their roles.
In some cases, you may raise more than one of these reasons for executor removal with the court.
Talk to an Estate Litigation Lawyer About Your Concerns
It’s not always easy to remove an executor from a Louisiana succession case. Before you raise any concerns with the court, we encourage you to contact our Louisiana estate litigation lawyers to discuss your concerns and possible legal remedies.
Each year, we help hundreds of families with their succession and estate litigation issues. We have likely dealt with the issue you are facing, and we would be happy to talk to you about your legal options. Please call us or complete our contact form to find out more about how we can help you..