Although not common, the resignation of an estate executor can happen.
Having your executor for your estate resign is not ideal.
But it can happen.
Even if your chosen executor is a close friend and also an attorney.
This was the case with the estate of John O’Quinn, according to a recent Texas Lawyer article titled “Treece Will Resign as O'Quinn Estate Executor.”
He had named Gerald Treece as the executor for his estate.
More than seven years after the death of O’Quinn, the administration of the estate is still not completed.
In addition to resigning, Treece has requested “full judicial discharge” from his actions while serving at the executor.
Who will become the next executor?
This is yet to be established.
The two alternate executors listed in the O’Quinn estate have chosen to decline the opportunity to serve in this role.
The John M. O’Quinn Foundation has filed to make J. Cary Gray the new executor.
If approved, he will be the new executor.
To avoid a similar situation be sure to work with an experienced estate planning attorney and discuss your wishes with your chosen executor in advance of your passing.
So, how do you find an "experienced" estate planning attorney?
First, ask around. Friends, family and other professional advisors are trustworthy sources.
Second, conduct an "organic" search on "Google" for "estate planning" near you (e.g., "Estate Planning Anytown MoKan").
Third, either way, verify! Check out the education, experience, ratings and client reviews of any attorney before you contact him or her.
In fact, I use both of these services to thoroughly vett attorneys before referring members of our "client" family for legal help in other areas of law or for matters in jurisdictions outside Kansas or Missouri.
Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.
For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.
Reference: Texas Lawyer (June 23, 2017) “Treece Will Resign as O'Quinn Estate Executor”