Being the personal representative (executor) of someone’s estate is never a job that’s free of complications. When you’re named by a loved one or close friend to be their executor, it’s because they believe you’re able to handle the job responsibly.
When the time comes, however, their relatives might feel differently – even if they’re your relatives as well. That can happen when there are entrenched sibling rivalries or others in the family who believe they should have been named instead.
They may even talk casually about getting you removed from your position. They may threaten it every time something doesn’t go their way in the administration of the estate or their inheritance is taking too long, in their opinion, to get to them.
What you need to know as the executor – whether you were chosen by the deceased or later by the court – is that courts won’t remove an executor without cause. Massachusetts law details the reasons for removal. That means as long as you meet the minimum qualifications (such as being 18 or older), they must show that you’ve done something wrong.
What does Massachusetts law say?
The law states that any “person interested in the estate” can seek the removal of the personal representative if they can show that they did one or more of the following:
- Disregarded a court order
- Become “incapable of discharging the duties of the office”
- “Mismanaged the estate or failed to perform any duty pertaining to the office”
Further, if it’s found that the personal representative “intentionally misrepresented material facts in the proceedings leading to appointment,” they can be removed – or suspended pending possible removal.
The law – and the courts that administer it – are supposed to honor people’s wishes as designated in their will and other estate documents unless there’s a good reason not to. That includes their choice of administrators (including executors and trustees).
Nonetheless, facing constant challenges and threats from beneficiaries can make your job more difficult and may even have you considering stepping down. It’s smart to have experienced legal guidance as you proceed with the administration of the estate to help ensure that you’re handling things as efficiently as possible and following the law.
