A person who was appointed as a personal representative of an estate has the responsibility for handling many different estate administration expenses. This is why it is so important to consult with the person who has been selected to serve in this role to verify their level of comfort in taking it on.

Because of these complex matters, it is also important for the personal representative and the beneficiaries of the estate to understand the circumstances in which a personal representative can be removed from office.

If other beneficiaries of the estate can show that the personal representative is not carrying out their duties effectively or that the personal representative has broken the law, the court will hear these concerns and may decide to remove the representative from their position.

There are five major reasons for which the California courts may remove a personal representative from office, including:

  • Any reason for cause provided by California statutes.
  • Removal of the personal representative being required for protection of interested persons or the estate.
  • The personal representative has neglected the estate or has failed to perform acts as personal representative.
  • The personal representative is incapable of carrying out the duties of the office.
  • The personal representative has mismanaged, wasted, committed fraud or embezzled from the estate or is about to do so.

Make sure that you meet with an experienced and qualified Pasadena estate planning lawyer to discuss the most important aspects of planning for your own estate and who you choose to select in these important roles.

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