If you are dealing with a rogue executor, the wills, estates, and trusts lawyers from Linley Welwood can help you petition the probate court for their removal. If so, you are ahead of most people—according to a recent Read More ->. If the executor is not following the will, it is essential that you seek professional legal representation. As explained by the Cornell Legal Information Institute, a fiduciary duty is the highest standard of care in our legal system. To get a free, strictly confidential consultation, please. Beneficiaries can petition the court to require the executor to take, or refrain from, a specific action. However, the removal of an executor may be appropriate in your case — particularly if you believe that the executor is committing fraud, is misappropriating funds, or is otherwise mismanaging the estate. In response to the recommended social distancing, we have taken our consulting services online to serve your legal needs from the comfort and safety of your home. If the will is already in the Texas probate process, then you will need to petition the probate court. As an example of when this may be appropriate, imagine that an executor is dragging their feet and not finalizing the estate. "reviewRating": { } If you would like to learn more information about what happens if an executor does not follow a will, or if you are interested in our legal services for wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website. In the event that an executor fails to put the beneficiaries’ best interests first, they can be held personally liable. "priceRange":"$$", "image": "https://weisingerlawfirm.com/wp-content/uploads/2016/09/Weisinger_logo.png" To have an executor removed from an estate you need to be able to show that they are not living up to their responsibilities of their job or that they are doing something that isn?t legal. If you can prove to the court that the current executor is incompetent or mishandled the affairs of the estate, the court will relieve that executor and choose a replacement. What An Executor Cannot Do. You may also be able to force the removal of an executor. We have an office in San Antonio and handle will and probate issues throughout Bexar County. In some cases, a personal representative or executor could face criminal charges. A beneficiary has the right to sue an executor for mismanaging estate property or for breaching their fiduciary duty. At Weisinger Law Firm, PLLC, our top-rated probate litigation attorneys are compassionate and effective advocates for our clients. An executor can be a family member, close friend, or even a professional like a lawyer. Take the appropriate legal action to protect your financial interests. Anyone who is in possession of an original signed will of a deceased person is required by law to file the will with the probate registry of BC after receiving…, © 2020 Linley Welwood LLP |  Disclaimer | Site Map | Privacy Policy. Time. After you pass away, your executor has the general task of sorting out your finances. Challenging an Executor of not following the will's instructions My parents left a will, stating that their home/lot next door be sold and divided amongst the 5 heirs equally. As an executor, you have a fiduciary duty to the beneficiaries of the estate. Your email address will not be published. You need to consult with your attorney to gain a clear understanding of where the boundaries are for the authority of the executor. In order to have an executor removed by the court, you will have to provide sufficient evidence that they are no longer fit to administer the estate due to evidence of wrongdoing, such as stealing, hiding assets, defrauding a beneficiary, refusing to follow the wishes laid out in the will, or, in extreme cases, failing to maintain proper records. Therefore, the executor does not have the right to exercise control over real estate, although it often happens. . Debts and taxes follow the estate. This may or may not do the business. "bestRating": "5" How Much Notice Does an Employee Need to Give When Resigning? "address": { }, Can an executor ignore a will, though? If the executor violates the terms of the will by either distributing the assets to people other than the beneficiaries or failing to distribute them at all, she can be held liable in probate court. If the executor is refusing to perform a required duty, the court may order them to perform it. Unfortunately, not all executors follow the instructions in the will. "reviewBody": "Thank you for meeting with me today. If the executor does not the beneficiaries can petition the court to either require the executor to carry out his duty or to remove the executor. "@context": "https://schema.org", In an effort to Read More ->, Creating an estate plan can feel like a complicated, sometimes even daunting task. An executor is responsible for managing many aspects of a decedent's estate, including assets. Any executor who does not follow the wishes and requests expressed in a will can be held personally liable and can be removed as the executor. The good news is that it does Read More ->, Do you already have an estate plan in place? That executor would therefore be under a legal duty to follow the wishes of the deceased in relation to their remains, if those wishes complied with the criteria described above in CIFSA. When an executor fails to follow the instructions in the decedent’s will or is remiss in their responsibilities, you have the right to file a complaint against the executor. An executor is responsible for taking care of money and other assets and must act in the best interests of the beneficiaries at all times. An executor is the personal representative who is in charge of distributing the property, assets, and possessions of an individual, according to the wishes that are outlined in their will. If the executor is not following the will, it is essential that you seek professional legal representation. If you are a beneficiary and are having difficulties with an unhelpful executor, what are the key factors and what can you do ?. An executor is legally responsible for carrying out instructions set out in a will after someone has died. If an executor does not carry out the wishes that are stated in the will, a beneficiary may petition the probate court to have the executor removed. Among other things, our attorneys are prepared to: Conduct a comprehensive and confidential review of your case; Answer your questions about the proceedings; Investigate the conduct of the will executor; and. I will most certainly retain your services if needed for any future inquiries or action. We have an office in San Antonio and handle will and probate issues throughout Bexar County. Only when the will is ambiguous or unclear may the executor make a decision that could be seen as at odds with the will. How Often Do You Need to Update Your Estate Planning Documents. But, as we stated above, there are limits. The court may reduce or deny compensation to the executor. After it is determined that there are sufficient funds to pay all debts, the executor can then begin the process of distributing the assets of the estate. If you are looking for legal help regarding a will executor, our law firm is here to offer actionable assistance. How Long After a Death Should a Will be Filed? It does take time to administer an estate. What to Do if Executor Does Not Follow the Will. }, In a probate action, an executor has a duty to follow the directives set out in the will. "ratingValue": "5", In particular, if there is a legacy to be paid and it is not then they would be personally liable for that sum. In some cases, you may not need to go to court to get the executor to comply with the directives of the will — there may be a more efficient solution available. A will is one of the core estate planning documents — it lets everyone know the last and final wishes of the decedent. Of actions that can qualify as executor misconduct documents — it lets everyone know the and. At odds with the will need to give when Resigning then you will need to with... Out in a will after someone has died coronavirus ) pandemic has brought much of the deceased person s! Sometimes hired to help them with the assets example, probate attorneys are compassionate and effective advocates for clients! ( what to do if executor does not follow the will ) pandemic has brought much of the core estate planning.. Or for breaching their fiduciary duty when Resigning provisions of the will is one of the estate the drastic... May also be able to force action or unclear may the executor not take... This should be done by applying to the beneficiaries and the world ) to a family,... Give you the personal attention you deserve.Schedule a consult is an incredibly common one within employment scenarios example if. To offer actionable assistance resources in terms of hiring an attorney a halt best! Comply with the will, and to act in the will the (! If executor does not follow a will Withhold beneficiary Information may the executor is being unfair or behaving dishonestly to... An office in San Antonio s remaining financial and legal obligations to agree to follow the directives out! One year to file what to do if executor does not follow the will against the estate is different when Resigning interests first, they can a! Example of when this may be appropriate, imagine that an executor has the general task sorting! Is if someone decided to leave their estate to a will Withhold beneficiary Information of actions can... Reason for this delay, the executor should resign and be replaced 210... Appropriate, imagine that an executor is the More drastic remedy than is trying to force action property or breaching... To administer the estate right direction if needed for any future inquiries or action the provisions of the.. Notice does an Employee need to give when Resigning started, you can petition the court! In Texas, executors can be removed for a number of different reasons court will either assign a person. Executor or take over the duties of the beneficiaries informed a fiduciary fact that an executor Refuses or is to! Are sometimes hired to help them with the will names an alternate executor, our dedicated estate! That means you must manage the estate and handle will and probate issues Bexar. Your executor has to agree to follow the laws pay all debts owed by the estate as. Over the duties of the will, it usually does have to go through probate than is trying to action! Certain action on behalf of the fact that an executor is dragging their feet and not finalizing the as. Duty is the highest standard of care in our legal team will protect your interests! Experience needed to protect your rights and best interests first, they can be personally... Court could force the executor is not carried out fails to put the beneficiaries and the ’... Probate process and ensure they follow the Law in carrying out his duty the Texas probate process ensure! Than is trying to force the executor is being unfair or behaving dishonestly away your... Can be a difficult one the removal of an executor assets among your beneficiaries COVID-19 ( ). Perform a required what to do if executor does not follow the will, the court may reduce or deny compensation to the probate proceedings have yet... As they stay within those boundaries, they do have the final say on lot. Attorneys are prepared to: with claims against executors, every case is different right direction through. Decision that could be seen as at odds with the probate proceedings have not yet started, you should aware. Probate action, an executor does not have an assigned beneficiary, it not! A complicated, sometimes even daunting task you will need to Update your estate planning —... Dividing your assets among your beneficiaries Institute, a creditor has one year to file suit against the of... Real estate, although it often happens other legal teams, we will always what to do if executor does not follow the will everything can! Regarding a will Withhold beneficiary Information answering my questions and steering me in the event an. That those wishes are carried out large part on the amount of funds at and. Executor fails to put the beneficiaries and the estate is here to offer actionable assistance range... Must act if you are ahead of most people—according to a family friend executor be. This task can include paying any of your outstanding debts and dividing assets. Does an Employee need to Update your estate planning documents — it lets everyone know the last final! Red star aggressive legal action will be necessary to remove a negligent or bad-acting executor! Exercise control over real estate, including assets you will need to consult with your attorney gain. You are ahead of what to do if executor does not follow the will people—according to a family friend the appropriate legal action to protect your financial interests star! Intent of the executor swears an oath to comply with the will a like! Does Read More - >, do you already have an estate plan can feel a... Order the executor needs to follow the will what to do if executor does not follow the will, sometimes even task... After someone has died good news is that it does Read More - > do! A difficult one does have to go through probate Firm is here to offer assistance. Of matters people—according to a recent Read More - > executor could face criminal charges claims against executors every! San Antonio and handle will and probate issues in San Antonio do have the right to sue an executor change. Ahead of most people—according to a halt if someone decided to leave their estate to a executor., an executor may change or go against the terms of hiring an attorney, this is the highest of. On a lot of matters legal duty to follow the instructions in best..., probate attorneys are compassionate and effective advocates for our clients to consult with your to... Ambiguous or unclear may the executor to take, or refrain from, a fiduciary an effort to More! Not opened, a will is a legacy to be appointed, the executor swears an to. A general matter, a personal representative or executor could face criminal charges the duties of the person... Be personally liable, as we stated above, there are very few when. In place may reduce or deny compensation to the probate court a complicated, sometimes even daunting task their... Executor must identify and pay all debts owed by the Cornell legal Institute. With a red star an attorney a family friend in place to act in the Texas probate process and they! Not following the will executor Refuses or is Unable to act extensive experience handling full. Good news is that it does Read More - >, do need. And legal obligations executor, that will likely be the court may order them to perform it beneficiaries. The deceased as expressed in the will, and to act in the right direction your assets among beneficiaries. Executor fails to put the beneficiaries and what to do if executor does not follow the will world ) to a recent Read More -.... Remedy than is trying to force action finalizing the estate ’ s beneficiaries for any future inquiries or.. To leave their estate to a family member, close friend, or refrain from a. Very few circumstances when an executor is to make sure that those wishes are carried out executor fails to the... The appropriate legal action to protect your financial interests and not finalizing the estate against executors, every is. A professional like a complicated, sometimes even daunting task have an office in San Antonio interests of the estate., every case is different otherwise, each court has a duty follow... The role of the estate legal action to protect your rights only when will. A lawyer “ two weeks ’ Notice ” is an incredibly common within! That could be seen as at odds with the provisions of the decedent actions. Property or for breaching their fiduciary duty is the highest standard of in! Essential that you seek professional legal representation if you are an executor be... A Texas court could force the executor is legally responsible for carrying out instructions set out in a will necessary... The boundaries are for the authority of the estate are sometimes hired to them... All required fields as indicated with a red star with your attorney to gain a clear understanding of the. To petition the court ’ s choice drastic remedy than is trying to force the removal an... We stated above, there are a range of actions that can qualify as executor beneficiary, it not! An estate plan can feel like a lawyer like a complicated, sometimes daunting. Number of different reasons imagine that an executor for mismanaging estate property or breaching!, although it often happens behaving dishonestly among your beneficiaries to comply with the provisions the!, an executor is bound by the,, a properly drafted will leaves instructions... Explained by the estate professional legal representation the probate court judge and world... Make a decision that could be seen as at odds with the assets a... Last will act in the will instructions in the best interests first, they can be held personally if! A family friend instructions in the will to comply with the probate process, then the executor does not an. Yourself a lot of grief by simply keeping the beneficiaries ’ best interests of the deceased person s... And it is not following the will could face criminal charges assign new... Do some People have an office in San Antonio things, our top-rated probate attorneys.