What is process to remove an unqualified Executor from an estate

[FlLadyD2024]

Jurisdiction

New York

My mother passed the end of last year. Her will splits the estate between her children. She appointed 2 children as her Executors, because they live close by. One of the children cannot serve as executor because of his legal status, being a convicted felon. He was told by the estate atty he cannot serve in this capacity but keeps stalling and is not voluntarily removing his name as Executor. Why can't the attorney just remove him as a named Executor as its evident he would never get approval by the courts to serve in this capacity, and continue with the one executor who can still serve in that capacity? WE have been told that if attorney files paperwork without him voluntarily signing off it may take 6 more weeks to get things rolling and she cannot be the family or estate attorney if that has to be done. I don't understand this procedure and since I am not an executor, I cannot talk to the estate atty. one on one and get answers.

 

[zddoodah]

She appointed 2 children as her Executors

Have the two nominated executors petitioned the surrogate's court and been appointed to serve as executors?

One of the children cannot serve as executor because of his legal status, being a convicted felon. He was told by the estate atty he cannot serve in this capacity

Being a convicted felon does not automatically disqualify one from serving as executor. Was the crime of which your brother was convicted one that "may be adverse to the welfare of the estate, including but not limited to, crimes such as embezzlement or any crime where there was a misappropriation of money or a breach of fiduciary duty"?

Regardless, it is a matter of the surrogate's court's discretion to allow or not allow a convicted felon to serve as executor. If your brother has been appointed by the court to serve as executor, then this is a matter that should have been raised at the time the court was considering the matter.

Also, what does "the estate atty" mean? Did one or both of the nominated executors hire this attorney?

but keeps stalling and is not voluntarily removing his name as Executor.

Removing his name from what?

Why can't the attorney just remove him as a named Executor as its evident he would never get approval by the courts to serve in this capacity, and continue with the one executor who can still serve in that capacity?

I don't understand the question. Regardless of whom this attorney represents, it's not up to any attorney to decide who gets to serve as executor.

since I am not an executor, I cannot talk to the estate atty. one on one and get answers.

Why do you think that?

The bottom line is that, if your mother's will nominates your brother to be a co-executor and he wants to serve in that capacity, he's entitled to seek appointment as such. If you object to his appointment, you're free to retain a lawyer of your own to oppose your brother's appointment.