You can remove an Executor in a probate case In Oklahoma but there are things that must be done first. Imagine this: your loved one dies and leaves behind a will. The will named a specific person to be its executor. However, you and other relatives begin questioning the integrity of this executor. You believe that this executor isn’t fulfilling their duties promptly. Worst of all, you’re questioning whether they’re following your loved one’s wishes or doing whatever they want to do. It’s unfortunate if you find yourself in a similar position but fear not. There may be steps you can take to remedy the situation. Continue reading below to see what Oklahoma’s probate laws say when you disagree on who’ll be the executor in probate.
What Are An Executor’s Duties?
More than anything, probate law obligates executors to adhere to your loved one’s wishes. If your loved one’s will directs the executor to leave every piece of furniture to a certain beneficiary, then that is what the executor must do. They can’t decide, irrespective of the will, that another beneficiary or some other unnamed party is more appropriate to receive a particular asset from your loved one. Most of all, the executor must see to it that your loved one’s will is filed with probate court no later than 30 days from your loved one’s passing.
Grounds to Remove an Executor in a Probate
There’s a significant difference between the deceased’s executor failing to carry out certain duties and you all merely disagreeing. For example, suppose you didn’t like that the executor used money from your loved one’s estate to pay off creditors before distributing your loved one’s assets to the will’s beneficiaries. The law dictates that the estate must pay off lenders first, so there’s nothing you can do in this case. Yet, suppose the executor took money to cover their personal bills or suddenly became mentally incapacitated or even died. In either of those scenarios, you’d then have legal recourse.
Bear in mind that any act that’s harmful to the overall estate, including sudden incarceration or abuse of power, is grounds for legal action.
What Happens Next?
Did you know that you can sue your loved one’s executor so that probate court might strip the executor of this title and appoint someone new? You can only sue to have the executor removed if you’re an interested party to your loved one’s will, such as a beneficiary to your loved one’s estate. However, creditors may also sue. After all, they have an interest in the executor seeing to it that the debtor’s estate pays them off. During a lawsuit, you can ask a probate judge to reverse the executor’s actions, remove them, or sue for compensatory damages (e.g., emotional distress, misappropriated money, mishandled money).
Probate Lawyers Near You
If you find yourself in this predicament and you want to remove an executor in a probate we can help. You should understand that time is of the essence, so act now. Speak with compassionate estate planning attorneys you can trust with your deceased loved one’s wishes. Call the attorneys at Kania Law Office at (918) 743-2233 or contact us online for a free consultation.