If you were named an executor (“personal representative” in Minnesota) of a family member’s or friend’s estate, it’s likely because they trusted you to carry out the job responsibly and honestly. As you may be learning now that you’re in the thick of administering the estate, that doesn’t mean that the estate’s heirs and other beneficiaries feel the same way.
You may be experiencing a lot of second-guessing of every decision you make and even just plain resentment that you were one chosen. If you’re not a relative of the deceased, their family members may think one of them should have been selected. If you are a family member, that can create just as much – if not more — animosity. Long-buried resentments can surface when there are valuable and even purely sentimental assets at stake.
If the deceased didn’t make their choice known to anyone else in the family before they died, it’s understandable that some relatives may feel resentment. They may even be threatening to have you removed by the court from the position. Can they do that?
The law typically protects the choices detailed in an estate plan unless they violate the law in some way or the person who created the plan didn’t understand their choices or was subject to “undue influence.” As long as the deceased knowingly and willingly chose you and you meet the basic qualifications (like being 18 or over), you likely won’t be removed unless the probate court finds that you aren’t acting in the best interests of the estate.
What does Minnesota law say?
Specifically, Minnesota law states that a personal representative can be removed for “cause” for one or more of the following reasons:
- Intentionally “misrepresent[ing] material facts in the proceedings leading to the appointment.”
- Being “incapable of discharging the duties of office.”
- Disregarding a court order.
- Mismanaging the estate or not performing a “duty pertaining to the office.”
If an heir or other beneficiary petitions the probate court seeking your removal, they would need to provide evidence that you’re guilty of at least one of these things.
Even if they have no cause to remove you, that doesn’t mean they can’t make your job more difficult than it already is – or make your life miserable. Reaching out for experienced legal guidance can help you ensure that you’re handling matters in the best and most efficient way possible. It can also quiet some of the negativity you may be experiencing.