A fiduciary can be removed because of gross mismanagement.
In a recent case, an attorney was appointed as the Independent Executor of his great uncle's estate. He was not a beneficiary under the will. He hired himself to be the attorney for the estate. The will did not provide for the attorney to receive a fee for his services.
The Inventory and Appraisement was filed over one year and seven months after he was appointed independent executor. The probate code requires the Inventory and Appraisement to be filed within 90 days. He sold two parcels of the estate's real property and paid himself nearly $100,000 as "compensation." Additional evidence showed that the attorney failed to pay property taxes or correct code compliance violations on the real estate after receiving notices from the city. Accordingly, the estate was charged penalties and the only remaining property in the estate was scheduled for foreclosure