In many cases, when someone dies, the appointed executor professionally handles the estate. However, in some cases, an executor goes rogue. It seems that sometimes, a death in the family brings out the worst in people, including resentment between heirs, including the executor, because one or more think they are entitled to more or because someone didn’t get as much as another. An additional problem is that you might be under the impression that your loved one’s estate will be distributed pursuant to that person’s wishes, but an executor has other ideas. When you have an executor who does not appear to be distributing the estate pursuant to the Will or law if no Will exists, you have options for dealing with them.
Stay Involved
Make sure you get copies of all of the estate documents. If your loved one named you in the will or trust, you are entitled to this information, along with an accounting of the estate expenses. Always document phone calls and in-person meetings. Save emails and other digital correspondence regarding the estate. Always confirm details of what you did or did not receive and what you asked for—document everything. Get help from an probate attorney if emotions are running high, or if you believe that you cannot trust the executor. Having a third party who is not emotionally involved with the estate helps to protect your rights.
An Executor’s Duties
Simply put, an executor has the duty to settle the estate and distribute it efficiently and under the terms of the Will unless the beneficiaries agree otherwise. While the executor does have some discretion in the administration of the estate, the executor should be able to document all monies distributed to creditors and taken as reimbursem*nt for his or her time and costs. The executor should never keep his or her own interests as a priority above everyone else’s interests and the good of the estate.
When the Executor Goes Rogue
If you believe an executor is stealing from the estate, unreasonably delaying administration or failing to abide by the Will or law, contact an estate attorney as soon as possible. You have several options, including having your attorney send a letter to the executor or getting the court involved. Should the court determine that the executor is acting improperly, the executor could face penalties or be removed from the position.
There are many ways the executor may not be acting in the best interests of the estate and the rest of the beneficiaries. Some examples are when the executor lives in the decedent’s home and fails to pay rent and the expenses or sells the house and does not split the proceeds as directed in the Will if the executor is not named as the beneficiary of the home.
Another example is when the executor continues to hold the estate proceeds after payment of all creditors rather than distributing the proceeds to the beneficiaries. It may be reasonable to hold the proceeds if a tax return needs to be filed and taxes paid or if the estate owns properties that the estate must pay to maintain for a period until sold, etc. Contact Grissom Law, LLC at 678.781.9230, we can review your situation and work with you to determine if the delay is a reasonable one and to request that the executor distribute the estate if there is no reasonable explanation for the delay.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.
