If you are unhappy with an executor, start by documenting all issues, communicating concerns directly, or having a lawyer send a formal demand letter to rectify actions. If issues persist, you can request a formal accounting, enter mediation, or petition the probate court to remove and replace them.
Grounds for the removal of an executor include, but are not confined to, neglect of duties, incompetence, conflict of interest, or actions contrary to the best interests of the estate and beneficiaries. The Court will scrutinise the circumstances before effecting the removal of an executor.
A citation is a formal court notice that can be issued when an executor or personal representative is not fulfilling their duty to administer an estate. It effectively forces them either to act, or to step aside so that someone else can.
If an executor improperly interprets or deviates from a will's terms, beneficiaries have the right to challenge their actions. They can petition the court to compel the executor to follow the will or, if necessary, file a petition for instructions themselves to ensure the estate is administered fairly and properly.
Here are the typical steps to follow if you want to challenge an executor:
Top 10 executor mistakes to avoid (& how to avoid them)
How to change the executor of a will after death. To remove someone who's been appointed as an executor by the testator (the deceased), the executor in question would either need to sign a renunciation, which means they would no longer be entitled to manage the deceased's estate.
Common forms of executor misconduct include: Self-dealing: Using estate funds for personal benefit. Failure to account: Withholding or falsifying financial reports. Neglect: Failing to secure, insure, or distribute estate assets in a timely manner.
Just as you would for other types of undue influence cases, you will want to gather evidence and testimony regarding the victim's capacity, the persons with whom they regularly had been associating, their true testamentary intent (i.e., the true manner in which they wanted their assets distributed) and the extent of ...
Executors may have anywhere from a few weeks to a few years to transfer property after death. The time it takes to transfer the property depends on what type of property deed is involved and whether the estate must go through the probate process.
The first in line for inheritance, when someone dies without a will (intestate), is typically the surviving spouse, followed by the deceased's children; if none, then the deceased's parents, then siblings, and then more distant relatives like grandparents or aunts/uncles, as determined by state laws (intestate succession).
Ultimately, if the Executor is not complying with his obligations, you may be able to have him or her removed as Executor. This is not a straightforward process and involves a costly application to the court.
That said, the average fees for executor removal cases generally fall within the range of $20,000 to $80,000, with fees for cases that go to trial often being upwards of $100,000. Complex cases with more assets at stake can cause fees to multiply.
What legal action can be taken against an executor in these circumstances? Where executors cannot agree on matters or where a beneficiary is unhappy with an executor's dealings with an estate, they can ask the Court to decide what should happen.
How often does the executor have to keep me informed? There's no set timescale for how often an executor should update beneficiaries, however it's good practice for everyone to agree at the start on how and when they'll keep you informed while they're administering the estate.
Five Practical Steps to Deal with a Difficult or Problem Executor
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
One common scenario which can lead to a dispute with beneficiaries is where an Executor's personal interests are inconsistent with the interests of the beneficiaries creating a conflict of interest. An example of a conflict is where an Executor wishes to purchase a property from the deceased's estate.
Anyone with a stake in the estate can make the motion to remove the executor with the probate court, and thus they are contesting them. They must also gather and submit evidence that will help justify the removal by the probate judge.
While an executor cannot decide who gets what, they have many other powers. First, they must confirm their position as the executor in probate court. Once the court legally recognizes them as the executor, they have the power to act on behalf of the decedent's estate.