Salt Lake City, UT asked in Estate Planning and Probate for Utah

Q: My mom passed away we then find out her attorney is executor of her will. Can we fire him?

She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or a conflict of interest. To initiate this process, you would need to file a petition with the probate court explaining the reasons why the executor should be removed.

Understanding and proving that your mother signed the will under duress or without understanding its implications can be challenging but not impossible. Gathering evidence such as witness testimonies, medical records, or expert evaluations regarding her mental state at the time of signing can support your case. This evidence would be crucial in contesting the will or the appointment of the executor.

Seeking legal advice from an attorney who specializes in probate or estate law is crucial. They can provide guidance tailored to your specific situation, help you understand your options, and represent you in court if necessary. The process can be complex and emotionally taxing, but legal support can navigate these challenges and work towards a resolution that honors your mother's true intentions.

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