When a testator appoints someone as the executor of their Last Will and Testament document, they can only assume that they can handle the obligations and responsibilities that come with it. This is because the name executor will not step into this position until a testator has, sadly, passed away. And at this point, it may be too late to amend the will document and assign a better-suited person. As a beneficiary who is depending on the outcome of how this will is executed, you may feel helpless in the matter. Well, in this case, please read on to discover what happens if an executor fails to act accordingly and how a seasoned Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC, can help you get justice out of a testator’s estate plans.
What duties is an executor supposed to fulfill?
When a person agrees to work as an executor, they are accepting the following duties:
- File a copy of a testator’s will document with the local Pennsylvania probate court.
- Appear in front of the probate court and file relevant financial paperwork as requested.
- Inform all relevant financial institutions and government agencies of the testator’s death.
- Manage the estate’s property and assets until it is time to administer them amongst beneficiaries.
- Distribute inheritances to beneficiaries at the time and in the manner instructed by the testator.
What happens if an executor fails to act accordingly?
Say you are an expected beneficiary of a loved one’s estate, and you think that their named executor is not handling their role appropriately. If you have grounds to believe this, you may file a petition with the local Pennsylvania probate court so that they may intervene. If the court concurs, they may rule to have the executor immediately removed from this position and appoint a replacement effective immediately. What’s more, if they find evidence of negligence or misconduct, they may order the executor to pay for the estate’s losses and damages they subsequently caused.
You need to confirm that an executor is failing to fulfill their responsibilities before you file a complaint and pursue legal action. That said, it is best to request information from the executor regarding progress on the estate’s administration, rather than assuming they are failing or delaying the probate of the will. However, if an executor is unwilling to be transparent in their communications with you, this in and of itself may be a breach of their fiduciary duty. Therefore, this may give you enough reason to seek legal counsel and proceed forward with making matters right.
Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Heritage Elder Law & Estate Planning, LLC, and retaining the services of one of the competent Butler County estate planning & probate attorneys. Rest assured, we will take the reins from here on out.
