Kroener Hale Law Firm

We are here to listen, learn & help

TEXTS ONLY: 513-828-7510

We are here to listen, learn & help

TEXTS ONLY: 513-828-7510

During these hard and uncertain times, the staff at Kroener Hale Law Firm are still here to serve you. Please contact us at any time to schedule a free 30 minute telephone/skype consultation to discuss your legal needs. We will continue to diligently protect the rights and interests of our clients through these tough times.

Providing The Advice & Guidance You & Your
Family Need To Make Informed Decisions

Providing The Advice & Guidance You & Your Family Need To Make Informed Decisions

During the probate process, the executor will handle many of the important duties concerning the estate. If you feel the person handling your parent’s estate is not doing the job properly or has committed some negative action against the state, then you may be able to request the court removes him or her from the position.

According to the Ohio Revised Code, there are some specific triggers that must occur for the court to remove an executor.

Lack of action

If the executor refuses to take action in some instances, this could be grounds for removal. For example, if your family wishes to bring a wrongful death claim for your parent but the executor refuses, the court can use this as a ground for the removal.

Unsettled issues

If the executor is not managing the estate properly or not completing required actions, the court may remove him or her. The court does need to have a concern that the actions of the executor to not resolve issues could lead to litigation.

You should note that the removal of an executor is not something that happens often. The court assumes the appointment of the executor was something the deceased took time and care to do. It does not want to speak for the deceased or go against his or her wishes. Therefore, the court takes executor removal seriously and requires you to provide proof of his or her wrongdoing under the law. If you can prove your claims, the court will carefully consider the evidence before making a final decision.