Can I Force an Executor to Finalize an Estate?
A force an executor to finalize an estate lawyer in Philadelphia is probably the first person you should call if you believe that an estate is dragging on unnecessarily. A Philadelphia force an executor to finalize an estate attorney can help you put together the paperwork to show the court that the executor has not carried out his or her duties appropriately and that action needs to be taken in order to close out the estate.
There’s no doubt that you have your own reasons for wanting the estate closed out and you deserve to have some closure to put this chapter behind you, but this should also be balanced with knowing all the different tasks that must be completed through probate to begin with and whether or not the executor has truly taken too long.
There are many different tasks that must be managed by the executor of an estate and understanding the rights and responsibilities of the executor is important for any person who stands to benefit from the closure of the estate. When it can be shown that the executor has breached his or her fiduciary duty or is unnecessarily dragging out the case in order to pretend to be paying themselves from the funds within the estate, this could lead to legal action.
An executor is a person officially appointed by a probate court to administer someone's estate after the owner of the estate has passed away. The executor has a legal responsibility to gather all of the different estate assets for distributions to a decedent's heirs and beneficiaries.
That person has to always act in good faith as well as deal expeditiously. The executor has a legal responsibility to finalize an estate by turning over all remaining estate assets to the heirs and providing a final accounting to the court. Only a person who has legal standing is eligible to initiate any type of probate or estate administration dispute. This means that only a person who has appropriate legal standing can force an executor to finalize an estate. Anyone who has a legal stake in the outcome of the estate is said to have a standing. This includes guardians named in a will, and heirs and beneficiaries. You have to come forward in order to force an executor's hand to finalize an estate and you should have an attorney to assist you with this process. You will need to gather evidence to show an executor’s inefficiency if you believe that the estate is being mismanaged. You can also request that the executor disclose any and all actions taken while handling official estate business. If the executor refuses to cooperate, then the person alleging the dispute should rely on his or her attorney to make a formal request for the information.
Typically, if an estate closes within a period of 12 months, it is not considered overdue. You can make a written demand to finalize the estate and send this directly to an inefficient executor before lodging concerns related to litigation. However, if the executor refuses to finalize the estate after having received the written demand, the interested party must be prepared to contact the probate court and ask for an official hearing to close the estate. It is always good to have all of your evidence organized well in advance of approaching this process in order to make it easier for you to move through the process of legal claims and to understand your individual role in this case. The support of an attorney is instrumental for recovery.