There are two executors for my family's estate, one of them is dragging the situation.

Question

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept out of the loop by the other and has no way of knowing what she is spending or her intent. Executor 1 has also forbid the family from keeping settimental items before the estate sale and has said if we want anything, we need to purchase it. We would like to know if there is something we can do to get her removed from being executor or if we can see exactly hw much money has been taken out of our late relative's account.

Chris M. Bradford · Answer

The short answer is:  You can ask the executor to resign.  If the executor agrees, then his/her resignation to must be done in writing and notarized.  Then the will must be read to see who is next in charge.  If what you are really talking about is a trust rather than a will, then you can ask the trustee to resign.  That is the quickest way to resolve this, but it is probably not likely to occur.  In that case you must ask the probate court to remove the offending executor or trustee.  You should also demand in writing for the executor or trustee to give everyone an accounting.   You have to file a petition with the probate court if you want an executor or trustee to be removed and/or you want the judge to order an accounting.  Ask first in writing before filing a petition.  This would be a new petition if no probate has been filed.  It is not recommended that you do this by yourself. 
 
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Genene N. Dunn · Answer

The beneficiaries are absolutely entitled to an accounting. If the executor is not giving information on funds you can demand an accounting and if one is not presented or if the trustee is causing the administration to stall then a beneficiary or cotrustee can petition the court to remove the trustee.

James Edward Berge · Answer

You don’t need to worry about how much the executors are charging the estate for their work.  There’s only one fee, a statutory fee based on the value of the estate, and that one fee must be shared between the two executors as they shall agree, but if they are unable to agree, as the court shall decide.

Q: There are two executors for my family's estate, one of them is dragging the situation.