Estate executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means handling the estate assets responsibly and according to the decedent’s wishes. However, not all executors discharge their duties by the book.
Some red flags that you should be wary of during probate include unexplained delays in asset distribution, failure to communicate key updates or suspicious financial transactions. Should you notice any of these signs of executor misconduct, taking swift and informed action is crucial to safeguarding your inheritance. Here’s what to do.
Review the will and estate documents
The first step is to review the will and other estate documents. This will help you understand the executor’s responsibilities and the deceased’s wishes. This information can help you better assess whether the executor’s actions align with the instructions left behind.
Gather relevant evidence
Documenting the executor’s actions that point to misconduct can help your case if you decide to take further action. Record any irregularities you notice, such as missed deadlines, unexplained delays or questionable dealings. The more evidence you collect, the better.
Communicate with the executor
It’s often advisable to address your concerns directly with the executor. There could be legitimate reasons for delays or decisions you may not be aware of. An open conversation can help clarify misunderstandings and resolve the issues without escalating them.
Remember, you have the right to request an accounting of the estate to identify any discrepancies or mismanagement.
Take legal action
If your concerns persist or you notice serious mismanagement or fraud, it may be time to seek the court’s intervention. You may, for instance, file a petition to remove the executor or even sue them to recover mismanaged assets. Seeking informed guidance on how to go about this is essential to holding an errant executor accountable and protecting your inheritance.