The many emotions Michigan family members experience after a loved one dies can sometimes create tense situations when it comes to making the important decisions in the days and weeks that follow. Those tensions may spill into the probate process, and not everyone may agree on the dependability of an estate executor. Some may want to keep the peace, but when an inheritance or other critical probate decisions are on the line, it is not always wise to allow an untrustworthy representative to handle the estate.
Even in the best situation, it may be difficult for everyone to agree about the delicate matters that arise during probate. Nevertheless, a questionable choice for estate executor may place everyone’s interests at risk. When a will or probate court assigns someone to handle the estate who is unlikely to be fair, the heirs may object to the appointment. However, this is not always an easy task.
Heirs who distrust an executor may petition the court to require the executor to apply for a substantial bond. A bond is like an insurance policy against any losses through the executor’s mismanagement of the estate. Even this may not be sufficient, and the heirs may ask the court to remove the executor. They will have to show reasons for their mistrust, such as the executor’s conflict of interests, a history or financial misconduct or evidence of the executor’s mental incompetence.
Removing an estate executor is not something heirs should attempt without solid legal advice. This may be especially true when an estate involves complex matters or when there is a significant fortune at stake. Many Michigan heirs consult with an experienced attorney for guidance and answers to their questions.