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Orlando Estate Planning & Probate Lawyer > VIDEO FAQS > PROBATE LITIGATION > Can an executor or trustee be removed?

Can an executor or trustee be removed?

The answer to that is yes. An executor, which is now known in Florida as a personal representative, can be removed for malfeasance, which basically means if they are not treating the assets correctly or if they are stealing the assets from the estate, they can definitely be removed. It just requires a legal proceeding before a probate court. The same thing obtains with a trustee. If there’s a trustee of a trust and they are using the money for themselves, then you have to go to court again to ask for removal. If the evidence demonstrates that they have been self-aggrandizing, making themselves rich from assets that belong to the beneficiary, then they could be removed.

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