Question

Under what circumstances can an executor be removed in Louisiana?

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Answered by: James H. Gibson

Located in Lafayette, LAGibson Law Partners LLC

Lafayette, LA
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Answer

It infrequently happens that the executor of a will either steps aside voluntarily or is removed by the court by force of litigation.

Some of the most common reasons heirs and beneficiaries may sue for removal include:

Fiduciary negligence

Being an executor requires a commitment to uphold the integrity of the probate process as the will and estate move through the courts. If an executor fails to follow through on responsibilities, including negligence in meeting deadlines, failing to file paperwork required by the court or inaccurate information provided to the court, removal on the grounds of fiduciary negligence may result.

Some examples of failing to meet fiduciaries duties include:

  • Failing to comply with court mandates
  • Personal use of estate assets while still in probate
  • Dishonest accounting of estate assets
  • Mismanagement of assets while administering the estate

Misconduct or malfeasance

Misconduct charges frequently fall into the category of incompetence, rather than willful malfeasance or illegal actions. However, if the executor or administrator is proven to have absconded with financial assets or property, or is convicted of any felony offense, it is cause for removal.

Conflict of interest

Under certain circumstances, beneficiaries may also successful petition the court for removal if it can be demonstrated the executor or administrator has a financial stake in swaying the distribution of assets in their own, or to a particular heir or beneficiary.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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