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Can someone file a motion to remove one's self as executor of an estate?


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#1 happynewyorker

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Posted 10 February 2013 - 11:04 AM

My aunt is the executor of my grandmother's estate. my other aunt was also an executor but she died. My aunt doesn't want to be the executor of my grandmother's estate anymore, because of her health, and age, plus many problems with one family member when it comes to decisions about selling the property.

My grandmother had owned 3 houses in the Bronx, NY and one house in Florida, and other properties in Florida. I suggested that she hire a lawyer and file a motion removing herself as the executor and requesting that the court appoint an attorney to become the executor of the estate. Is this possible? As, the other family members (one that has alzheimer's), the other only thinking of himself and not wanting to sell any of the property. The other is my aunt (who died), her son became the executor of her estate and doesn't seem to care what happens to my grandmother's estate. This is in New York.

#2 harrylime

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Posted 10 February 2013 - 11:32 AM

I suggested that she hire a lawyer and file a motion removing herself as the executor and requesting that the court appoint an attorney to become the executor of the estate. Is this possible?


Yes. But it will be up to the court to decide whether to accept the resignation or not.

#3 FindLaw_Amir

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Posted 11 February 2013 - 11:54 AM

The person named as an executor in a will can decline the responsibility that being an executor entails. In addition, someone who originally accepted the role as executor can resign at any time. As a result, it is generally recommended that you name alternative executors, otherwise a court will appoint a replacement executor if your original choice bows out for some reason. Your aunt may wish to consult with a local Probate & Estate Administration Lawyer to advise her in detail about how to proceed. To learn more about this subject matter, visit the Estate Planning Center as a good resource.
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#4 pg1067

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Posted 11 February 2013 - 01:20 PM

She might be better off hiring a lawyer to take her place as executor and also serve as counsel for the estate.




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