Contested Executorships

Contesting the Appointment of an Executor

An executor is named in the will by the decedent or appointed by a probate court judge. The job of an executor, however he or she is appointed, is to settle the estate according to the provisions laid out in the will. The executor, also known as a personal representative, arranges for the payment of bills, collection of debts, and distribution of assets. The executor usually receives a fee for settling the estate.

Acting for heirs and executors

Although this may sound straightforward, the appointment of an executor can lead to family fights and disputes among heirs. At the Southern California law firm of Russakow, Ryan & Johnson, our attorneys represent executors whose appointment has been challenged. We also act for heirs and beneficiaries who are contesting the executor's appointment.

Litigating family fights

For more about contested executorships, contact a lawyer at our Pasadena or Orange County office. We have litigated a wide range of disputes regarding the appointment of an executor. These include:

• Presumed heirs contesting the court appointment of another presumed heir when the deceased died intestate
• Two siblings protesting the naming of a third sibling as executor by the decedent
• Creditors or other interested parties contesting the executor's appointment on the grounds of incompetence or mismanagement

Control and money

In many cases, family disputes over the appointment of an executor revolve around money and property. One sibling resents the control of another over a deceased parent's assets. In other cases, the contest is based on a misunderstanding of the fees that an executor receives. And some contests are quite legitimate, involving a court appointment of an executor to replace another who has died since the will was written. A will contest is sometimes rooted in the decedent's naming of a particular individual as executor.

If you believe a named or appointed executor has a conflict of interest, is unable to act in a disinterested way, or has demonstrated fiduciary incompetence, contact our Pasadena and Orange County law firm. Call Russakow, Ryan & Johnson to discuss the situation. We use the creativity of our talented legal team to arrive at a solution that works.