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 A fiduciary can be removed because of gross mismanagement.
In a recent case, an attorney was appointed as the Independent Executor of his great uncle's estate. He was not a beneficiary under the will. He hired himself to be the attorney for the estate. The will did not provide for the attorney to receive a fee for his services. The Inventory and Appraisement was filed over one year and seven months after he was appointed independent executor. The probate code requires the Inventory and Appraisement to be filed within 90 days. He sold two parcels of the estate's real property and paid himself nearly $100,000 as "compensation." Additional evidence showed that the attorney failed to pay property taxes or correct code compliance violations on the real estate after receiving notices from the city. Accordingly, the estate was charged penalties and the only remaining property in the estate was scheduled for foreclosure |
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read more about mismanaged estates
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 A fiduciary can be removed if he has a conflict of interest with the beneficiary.
In a recent case, two brothers owned a farm. Both had done extra work on the farm. One of the brothers died. The one that died had an ex-wife and two children. He left his property to his children. His will created a trust for them. He named his brother both as executor of the will and as the trustee of the trust. His brother was, therefore, a fiduciary under the will and under the trust. The wife asked the court to remove the brother as executor and as trustee. The trial court refused to remove him and |
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read more about conflict of interest
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