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Removing an Executor in Pennsylvania

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Old Apr 17th, 2008, 10:13 AM     #1
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Default Removing an Executor in Pennsylvania

My Grandmother passed away in February and my father and I are beneficiaries, each receiving 50% of the estate. My father has been named as executor. He has a very bad history when it comes to taking care of finances. He had a judgment against him from the IRS for not paying taxes and he refused to provide the court with records. He has had several judgments against him for his business when he also refused to provide the court with records that the judge ordered him to provide. A month before my grandmother passed away she named him as power of attorney, and the day after this was done he emptied out her retirement funds into an account that he was on. That money (85k) is now gone and he has been told by the lawyer that handled the writing of the will that he needs to provide him with the bank records so that the taxes may be filed. Of course, my father has refused to turn this over and he has now fired the lawyer (he was hired to help my dad with the duties of executor). This is just a brief list of nefarious doings he has had.

Last week when I questioned my father about the progress of things he told me that I was just a grandson, that it’s very unusual for someone to name a grandson in a will and that I would be lucky to get anything. Unfortunately this was said over the phone and I have no witnesses.

When my grandfather died in 2001 my father (who has the same name as my grandfather) called my grandfather’s auto insurance company and told them that he changed his address and to start sending the bills to his house. I had to call the insurance company and tell them my grandfather had passed away. He has listed the house as being the owner, not executor of the estate. I am worried that he has plans to get the money from the sale of the house and not distribute anything to me.

My questions – is past behavior and threats enough in the eyes of a court to remove him as executor? Will representing himself as the owner of the property rather than the executor be considered? I am meeting with an attorney tomorrow, what should I ask for? Basically – is there something I can do or do I just need to see what transpires? Thanks!
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Old Apr 18th, 2008, 11:26 AM     #2
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Default Re: Removing an Executor in Pennsylvania

That kind of history is enough to remove him or at least have a court order that an accountant or other professional be involved.
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