An executor or personal representative is a fiduciary tasked with estate administration. The term fiduciary refers to an individual in a position of authority and trust. They have an obligation to act in the best interests of estate beneficiaries. That fiduciary duty comes before their own desires.
Unfortunately, not everyone appointed to a position of trust deserves the authority that the probate courts delegate to them. In some cases, a personal representative or executor can make choices that diminish the value of an estate. They can reduce what beneficiaries receive through incompetence or unethical behavior. Sometimes, the beneficiaries of a Rhode Island estate have to make the difficult decision to initiate probate litigation to remove a fiduciary from their role.
When can people remove a personal representative?
Dissatisfaction with an inheritance and other personal conflicts are not a justification to initiate probate litigation. People who are unhappy with a personal representative complying with the law and following estate plan instructions may not have any grounds for legal action.
There are specific legal reasons that justify an attempt to remove a personal representative. Their inaction by failing to initiate probate proceedings or fulfill the duties inherent in estate administration could lead to their removal.
Family members who want to prevent unfavorable transactions that could diminish the value of an estate take the matter to court. So could those who discover too late that a personal representative has undervalued or improperly managed estate resources. If a personal representative is responsible for the reduction of the estate’s value, there could be grounds for their removal.
Financial misconduct such as embezzlement or self-dealing can also be grounds to remove a personal representative. If the circumstances change, that could also warrant litigation to remove a representative. Someone in state custody, hospitalized with a debilitating condition or suffering from dementia cannot handle estate administration anymore.
When family members can show that a representative has not fulfilled their obligations or cannot do so anymore, the courts may replace the representative. Removal is also possible in scenarios involving misconduct or actions that reduce the value of the estate.
Initiating probate litigation is sometimes the only way to preserve the resources left by a decedent and uphold their intended legacy. The decision to replace a representative can potentially preserve remaining assets in an estate when errors or delays have diminished estate resources.
