Essentially, an executor is accountable to identify and then protect a deceased person's assets and property until all debts and taxes have been paid, and then to ensure that the assets and property are transferred to the persons entitled to receive it (called beneficiaries).
There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: ... Any change in value of estate assets. Liabilities and taxes paid from the estate.
An executor typically offers the will for probate, takes action to protect the assets of the estate, makes distributions of property to beneficiaries and pays the debts and taxes of the estate. ... It is also the executor's job to locate, manage and disburse the assets of the estate.
Can an executor also be a beneficiary? Yes. It's quite common for an executor to be a beneficiary. Consider when one spouse passes away, the living spouse of the decedent is frequently named executor.
Primarily, executors owe a duty of care to the beneficiaries of a will and must ensure that they collect in the assets, settle all liabilities and distribute the estate under the terms of the will. ... In addition, of course, they also owe a duty of confidentiality.
Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.
Usually beneficiaries will be asked to agree to the executor's accounting before receiving their final share of the estate. If beneficiaries do not agree with the accounting, they can force the executor to pass the accounts to the court. ... At this point, the court can also be asked to confirm the executor's compensation.
Can an Executor Remove a Beneficiary? As noted in the previous section, an executor cannot change the will. This means that the beneficiaries who are in the will are there to stay; they cannot be removed, no matter how difficult or belligerent they may be with the executor.
If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced. ... If this is the case, any Court application to have them removed/replaced is very unlikely to succeed and you may then be ordered to pay all the legal costs.
Financial Statements
Beneficiaries are entitled to receive a financial accounting of the trust, including bank statements, regularly. When statements are not received as requested, a beneficiary must submit a written demand to the trustee.
No. An executor of a will cannot take everything unless they are the will's sole beneficiary. ... However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate's best interests and distribute the assets according to the will.
The executor is authorized to receive money and manage the assets of the estate, but he can't withdraw or transfer assets from the estate. At a final hearing and after notice to interested parties, the court determines who should get distributions.
If the executor of the will has abided by the will and was conducting their fiduciary duties accordingly, then yes, the executor does have the final say.
As a beneficiary of a Will, you will only have legal rights on your share of the estate but only once the estate has been administered. Although you are entitled to receive updates on the progress of the administration of the estate. A beneficiary is entitled to be told if they are named in a person's will.
Beneficiaries of a will are typically notified in writing after the will is admitted to probate. ... Once the probate court says the will is valid, all beneficiaries are required to be notified by the personal representative of the estate.
What an Executor (or Executrix) cannot do? As an Executor, what you cannot do is go against the terms of the Will, Breach Fiduciary duty, fail to act, self-deal, embezzle, intentionally or unintentionally through neglect harm the estate, and cannot do threats to beneficiaries and heirs.
Executor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it's easy for beneficiaries to get frustrated.
No. The executors of a will have a duty to act in the best interests of the estate and the people named in it. So, an executor can't change the will without the permission of the beneficiaries. It is technically possible to make changes to a will by creating a deed of variation.
Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered. However, they should consult with beneficiaries about how to share the estate.
The challenge to the executor must be in the best interest of the estate, not from a place of jealousy or contempt. When contesting an executor, you must present compelling evidence in probate court in front of a judge. A lawyer can help you prepare or collect and present the evidence on your behalf.
If two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.
A deed of variation, sometimes called a deed of family arrangement, allows beneficiaries to make changes to their entitlement from a Will after the person has died. You might want to do this if you don't need all your inheritance and would like it to go to someone else.
Not only is it not incredibly difficult, but if you hire the right experts, it is not difficult at all. It also is a duty that many people feel they have to honor to a friend or family member who hoped that the nominated Executor would carry out their last wishes.
Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must — disregard the beneficiary's desires to carry out the will's requirements.