What to do if an Executor is not Doing Their Job

A probate dispute attorney in Philadelphia can assist you if an executor is not doing their job. An executor is not doing their job probate dispute lawyer in Philadelphia will advise you about the steps available to you as an interested party in the estate.

You might think that the executor has moved too slowly, but this fact alone is not enough to bring probate litigation.

Being the executor of an estate or a will is not an easy job. It is a very time-consuming responsibility, and being an executor involves numerous different tasks and it can take months in order for someone to complete this process. However, when an executor is not doing their job, harm can be done to beneficiaries of the estate. Problems often arise when a beneficiary believes that an executor has not handled their job appropriately or has been self-dealing and therefore not putting their fiduciary duty as a top priority when closing out the estate.

There are many different indications that an executor might be acting inappropriately, including refusing to set up a bank account for the estate, treating the bank account of the deceased as if it was the executor's own, making no progress in getting the work done in closing out the estate, selling assets to relatives or friends at dramatically under-valued prices, using the deceased's property specifically and not answering questions or returning messages or giving evasive answers to questions. If you can’t get a clear read on what is happening, litigation might be the only way. You usually begin this process by asking for an accounting of what has happened so far. The accounting might be all the evidence you need in order to show that a person in a position of power has abused their official role and harmed the estate or the beneficiaries of that estate.

If you have experienced any of these situations with the current executor of an estate, it is imperative that you schedule a consultation with a Philadelphia probate dispute lawyer. Your willingness to consult with a lawyer sooner rather than later can make a dramatic difference in your ability to recover compensation. Your ability to protect the estate might depend on hiring an attorney sooner rather than later, and this is why an initial consultation should be considered of the utmost priority if you believe that the executor is not doing their job. It is important to recognize that there is a difference between being frustrated with an executor's progress and indicating that the executor is falling short of expectations and harming the estate or other interested parties who would recover from that estate. You need to have clear indications and evidence that the executor is not doing his or her job and that this has caused damage to the estate itself. The sooner you can present this information to the court, the easier it will be for you to pursue options for having the executor removed from the case. Furthermore, you might also be entitled to requests that the executor has to pay any money that was removed from the estate due to illegal activity or unethical behavior to be replaced from the estate directly. Bear in mind that an executor is well within their rights to use estate funds to protect themselves in any legal matters associated with their role as the executor. You should always treat this situation carefully and retain an attorney who understands the landscape and will do what is necessary to protect you and the integrity of your claim.