If you’re one of the beneficiaries of a recently deceased loved one’s estate who’s less than happy with their choice of a personal representative (executor), you’re not alone. It’s not uncommon for beneficiaries to feel like the personal representative wasn’t the right choice for this critical responsibility.
You may feel like they don’t know what they’re doing, that they’re unnecessarily delaying the disbursement of inheritances, that they are letting assets slip through their hands or even that they’re stealing from the estate. If the personal representative is one of your close relatives, like a sibling, or maybe a stepparent, long-held resentments and conflicts can make it difficult to communicate with them.
Petitioning the court
You – along with other beneficiaries – can consider petitioning the probate court to remove and replace the personal representative. However, unless the court chooses on its own to remove them, you’ll need to provide evidence that you have grounds for removal.
Removal of any administrator chosen by the deceased isn’t meant to be simple. The law is meant to protect the deceased’s wishes unless someone they’ve named has violated the law or isn’t adequately protecting the estate.
Michigan law details the grounds for “termination of appointment by removal…for cause” as well as the process for doing so.
What grounds does Michigan law require?
The law states that the court can remove a personal representative for any of the following reasons:
- They “intentionally misrepresented material facts in a proceeding leading to the appointment.”
- They “failed to perform a duty pertaining to the office.”
- They’re “incapable of discharging the duties of their office.”
- They “disregarded a court order.”
- They “mismanaged the estate.”
- Their removal would be “in the best interests of the estate.”
Some of these reasons are fairly broad. It will likely be necessary to provide specific examples of how a personal representative has mismanaged the estate or why they’re not capable of discharging their duties.
Seeking removal of a personal representative is never a pleasant experience for anyone – even if there are no ill feelings involved. Sometimes, for example, an elderly surviving spouse may be the personal representative. They may have been capable of doing the job when they were first named, but not at their current age and in a state of grief. However, they may not want to give up the responsibility their late spouse entrusted to them.
Whatever the situation, if you believe that a personal representative should be removed or replaced or at least get outside professional assistance, it’s smart to get experienced legal guidance to protect the estate and its assets.