Is The Executor The Right Person For The Job?
Probate litigation can include the challenges to the validity of a Will that are discussed in more detail elsewhere on this site. However, probate litigation can also involve opposing someone who is seeking to become an executor of an estate. Generally, before someone can become the executor of an estate, they must prove that they are properly qualified to serve as the executor and that they are not disqualified for any reason. Factors that may disqualify someone from serving as executor include felony convictions, incapacity of the person seeking to be the executor, conflicts of interest with the estate, or other reasons for which the Court might find the person unsuitable.
Frequently, challenges seeking to prevent someone from being appointed by the court as the executor involve concerns that the executor may not treat a beneficiary or a creditor fairly throughout the probate process. In those cases, it can be advantageous to prevent the potentially unfair or untrustworthy person from being appointed by the Court instead of having to run the risk of being treated poorly.
There can be significant strategy involved in electing to oppose a person seeking to become appointed as the executor of an estate. If you are involved in potential probate litigation, you should consult an experienced attorney to discuss the strategy issues.