A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

When is it necessary to remove the representative of an estate?

On Behalf of | Jun 7, 2024 | Estate Planning |

A personal representative or executor assumes control over another person’s estate. Their obligations include attending probate court hearings, securing estate resources, communicating with creditors and distributing property.

Those establishing estate plans often invest quite a bit of effort into the selection of their personal representative. They may try to pick someone that they trust to behave in an ethical and responsible manner. Unfortunately, the personal representative overseeing an estate may lack the diligence and sense of ethics necessitated by the position.

Family members may eventually realize that a personal representative has failed to fulfill their basic responsibilities. When is it possible to take legal action to remove someone from their role as representative in Hawaii?

When someone fails in their responsibilities

One of the most common reasons that families take legal action against personal representatives is a failure to fulfill obligations. Their duties include initiating the probate process and communicating with creditors. Failing to perform those basic responsibilities can lead to probate delays and possibly additional expenses that made diminish estate resources. Additionally,  if someone does take action but proves incapable of properly managing resources, that could justify someone’s removal as a personal representative. If an individual cannot competently manage estate resources, it may be necessary to replace them with someone else.

When they violate their fiduciary duty

The personal representative of an estate should focus on what should be best for the beneficiaries of the estate. They should not engage in embezzlement or other unethical conduct intended to enrich themselves, especially if their actions negatively affect the value of the estate. If a representative has put their own interests or their pre-existing relationships with beneficiaries ahead of their responsibilities, then it may be necessary to seek their removal from their position.

When they face insurmountable obstacles

A personal representative might experience a medical emergency, like a stroke, that leaves them incapable of performing their job. They might end up incarcerated for an unrelated criminal infraction. There are a host of issues that could theoretically influence someone’s ability to perform their duties after assuming their role. If an individual’s circumstances change, they may not be able to continue fulfilling their position as personal representative. The probate courts can remove and replace a representative who has proven incapable of fulfilling their responsibilities or unwilling to do so.

Initiating probate litigation to remove a representative can be stressful but potentially beneficial for everyone with an interest in an estate. Families that act in a timely fashion can work to prevent one person from diminishing what everyone eventually inherits.