After someone passes away, executors are in charge of handling the probate court, paying off outstanding debts, gathering assets, and allocating the estate to beneficiaries. Following their appointment, the executor is legally obligated to carry out the decedent’s wishes as stated in the will and to carry out their duties in a respectable manner. Regretfully, some executors prioritize their own interests over the will and disregard it. Executors who neglect their duties may face severe repercussions.
When an executor fails to follow the will or distributes assets improperly, you can first ask the court to intervene.
The executor may be subject to the following repercussions if they fail to make amends and you request the probate court to intervene.
Understanding the Consequences of Executor Misconduct
Executors play a crucial role in the estate administration process, ensuring the deceased’s wishes are respected and their assets are distributed according to the will. However, situations may arise where an executor fails to fulfill their responsibilities, ignoring the will’s instructions and potentially harming the beneficiaries. This article explores the consequences of an executor’s misconduct and the steps beneficiaries can take to protect their rights.
Executor’s Fiduciary Duty and Potential Breaches
An executor holds a fiduciary duty to the beneficiaries, meaning they have a legal and ethical obligation to act in their best interests. This duty includes:
- Following the will’s instructions: The executor must distribute assets and handle estate matters as outlined in the will.
- Acting in good faith and with due care: The executor must make informed decisions, avoid conflicts of interest, and protect the estate’s assets.
- Providing accurate accounting: The executor must keep detailed records of all financial transactions and provide regular updates to beneficiaries.
When an executor breaches their fiduciary duty by ignoring the will, they can face various consequences, including:
Removal from the Executorship
Beneficiaries who suspect the executor is not acting in accordance with the will can petition the probate court for their removal. If the court finds evidence of misconduct, the executor may be removed and a successor appointed.
Financial Liability for Losses
The executor can be held personally liable for financial losses incurred by the estate due to their mismanagement or failure to follow the will. This includes losses resulting from:
- Investing in unauthorized or risky assets
- Mishandling or misappropriating estate funds
- Failing to pay debts or taxes promptly
Reduced or Denied Compensation
The probate court has the authority to reduce or deny the executor’s compensation if they have failed to fulfill their duties properly. This serves as a financial disincentive for misconduct and ensures that executors are held accountable for their actions.
Steps to Take When an Executor Ignores the Will
If you believe the executor is not following the will, it’s crucial to take prompt action to protect your rights as a beneficiary. Here are the steps you can take:
1. Gather Evidence:
Collect documentation that supports your claims of the executor’s misconduct. This may include copies of the will, financial records, communication with the executor, and any other relevant information.
2. Send a Demand Letter:
Consider sending a formal demand letter to the executor, outlining your concerns and requesting that they rectify the situation. This letter should be sent certified mail with a return receipt requested.
3. Seek Legal Counsel:
Consulting with an experienced estate attorney is highly advisable. They can assess the situation, advise you on your legal options, and represent you in court if necessary.
4. File a Petition with the Probate Court:
If the executor fails to respond to your demands or continues to act in violation of the will, you can file a petition with the probate court requesting their removal or other appropriate action.
Executors have a significant responsibility to uphold the deceased’s wishes and administer the estate fairly. When an executor ignores the will, beneficiaries have legal recourse to protect their interests. By understanding the consequences of executor misconduct and taking appropriate action, beneficiaries can ensure that the estate is handled according to the deceased’s intentions.
Responsibility of Financial Loses
If the executor misuses estate assets, they may be held accountable for any monetary losses they inflict on the beneficiaries. This is so because an executor is a fiduciary and cannot gain an advantage over a beneficiary.
Removal From Executor Role
If a beneficiary believes that the executor is mismanaging the distribution of assets or is not carrying out their responsibilities, they should petition the court to have the executor removed. The executor may be removed from office and a successor executor appointed if the court receives evidence that the person has not been abiding by the terms of the will.
DO ALL WILLS NEED TO GO THROUGH PROBATE? | Explained – Attorney Michael Coleman
FAQ
What happens when someone doesn’t follow the will?
Can relatives ignore a will?
What to do if cheated out of inheritance?
Can beneficiaries demand to see deceased bank statements?
What happens if a will is not written clearly?
The American Bar Association says some wills aren’t written clearly, leaving the executor guessing at the decedent’s wishes. An heir who disagrees with the executor’s interpretation can complain to the probate court or ultimately sue the executor for alleged losses. State law sets the requirements for closing the estate.
What happens if the executor ignores a will?
If the executor gets a direct order from the probate court and ignores it, the court will almost certainly dismiss him. Sometimes the problem isn’t with the executor but the will. Suppose the decedent left everything to the children but state law guarantees the spouse a minimum inheritance.
What happens if you don’t file a will?
Failing to file a will within the time required by the state can have serious consequences. An executor (or personal representative) has a fiduciary duty to the heirs of an estate. Failing to file a will with the court is not a criminal violation in most states. But the person could be sued by someone harmed by the inaction.
What happens if a will is invalid?
A probate dispute can take months or years, draining estate assets on legal fees. Judges often force mediation first, but siblings rarely reconcile differences. If the will is ruled invalid, assets pass by intestacy laws, which may differ from the will. Heirs can be disinherited if found to have unduly influenced or coerced the deceased.