Raleigh, NC Estate Litigation Attorneys With Extensive Experience Handling Executor Removal Cases
At Howard Stallings, our North Carolina executor removal attorneys are committed to providing outstanding representation to our clients. With more than 35 years serving Raleigh, New Bern, Morehead City, and other communities throughout the region, we have extensive experience handling a wide range of estate litigation matters, including executor removal claims. To get your strictly confidential case evaluation, please contact our law firm today.
North Carolina Law: Executors Have a Fiduciary Duty
North Carolina law (NC General Statutes § 28A-22-8) gives executors considerable discretion in estate administration. However, in performing their role, executors do owe fiduciary duties to beneficiaries of the estate. A fiduciary duty is a legal responsibility that requires a representative to act in the best interests of another party. Should an executor fail to live up to their legal obligations, they can be removed from their position. Some common reasons why this can occur include:
- Inattention to the estate;
- General mismanagement;
- Improper investments;
- Improper use of property; and
- Outright fraud or theft.
File a Petition to Remove an Executor
Removing an executor can be a challenging process. If you are considering doing so, it is imperative that you hire an experienced estate litigation attorney as soon as possible. In North Carolina, executor removal involves filing a petition with the appropriate court. If you have good cause, then you can get an executor removed. That being said, our state’s courts will not remove an executor simply because you disagree with their decisions or because you are unhappy with their performance. To get an executor removed, you must submit strong and compelling evidence that proves that the executor failed to fulfill their fiduciary duties. Our Raleigh, NC estate litigation attorneys can help you build a claim and take action to protect your rights.
Executors May Owe Damages
Removing a negligent or bad-acting executor, while an extremely important step, is not always by itself sufficient to get justice. Unfortunately, in many cases, executors are removed after there has already been considerable financial damage done to the beneficiaries of the estate. The good news is that legal options are still available.
In North Carolina, you can file a lawsuit to recover financial compensation for losses sustained as a result of an executor’s breach of fiduciary duty. In fact, compensation may be available for all related financial losses and for attorneys’ fees. Beyond that, in especially egregious circumstances, punitive damages may even be offered. Punitive damages (exemplary damages) are awarded in civil cases to punish wrongful acts and to deter others from committing similar violations in the future.
Contact Our Attorneys in Raleigh, New Bern, or Morehead City
At Howard Stallings, our North Carolina estate litigation lawyers have significant experience representing clients in executor removal cases. To find out more about what we can do for you and your family, please do not hesitate to contact our law firm today. From our law offices in Raleigh, Morehead City, and New Bern, we serve communities throughout the region.