When someone passes away, the heartache and struggles felt can last far longer than the mourning period. This is particularly the case in scenarios where no formal will was created, no executor of will was formally appointed, and there is quite a bit of assets that the remaining heirs are left deciding what to do with.
In an event where a formal will is not formulated – and remaining family members couldn’t agree on what to do with any remaining assets – the court will appoint a lawyer to serve as the executioner of the will.
That seems pretty straightforward – the lawyer will perform his duty, get paid, and the heirs will get what’s rightfully theirs.
However, it’s not always this cut and dry. What happens if you – as an heir – are unhappy with the lack of work being performed by the court-appointed executor of a will?
Removing an executor of a will in Fall River, MA and Bristol County
What if, after 3 years, you’ve decided that the executor of the will hasn’t done anything to move along the process? What can you do?
In general, if someone isn’t satisfied with the work of a court-appointed executor, they can petition the probate court to have that lawyer removed and replaced with someone else.
The official process includes filing a motion to have the executor removed, and to give notice to everyone involved, including the attorney, so that a hearing can be scheduled in front of a judge.
At that time, the executor can either defend himself or ask to be removed.
Generally speaking, you shouldn’t have to experience this, as lawyers (theoretically) will want to perform their duties as executors of will, in order to get paid. But in the event that you’re dissatisfied with the work output of your executor, it’s nice to know that here in Greater Fall River, you have legal options at your disposal.
Personal Injury Lawyers in Fall River, MA – Ready to Serve You
If you’re in need of legal advice – be it what to do about an executor of your will or if you’ve been injured in an accident – the personal injury lawyers at Sabra & Aspden can help. We serve people throughout Fall River, Swansea, Somerset, Freetown, Westport, Dighton and all of Bristol County, and will work hard to provide you with maximum recovery.