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.