You may have never served the role of an executor of a will before, so you are not entirely familiar with the significant responsibilities it entails. However, you may notice that quite some time has passed since your loved one’s death, and there has been little to no progress on their estate’s administration, as far as you are concerned. Naturally, you may grow more and more restless awaiting the inheritance your loved one vehemently promised you when they were still alive. If so, please continue reading to learn why an executor is refusing to distribute assets to you and other beneficiaries, and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can direct you on when it is appropriate to respond legally.
What are some reasons why an executor is refusing to distribute assets?
Before you assume the worst, you may consider the possibility that an executor is not refusing to distribute assets; this process is simply delayed. This process generally takes some time, anyway, and you likely won’t see any action for several months.
But this can be further drawn out if an executor is dealing with particularly complex assets, such as hard-to-value assets, ongoing business interests, etc. Or, if your loved one left certain tax disputes or debt settlements unresolved, an executor is left to pick up the pieces. Lastly, if other beneficiaries or creditors legally challenge the will, this may pause the estate administration process to an extent beyond an executor’s reasonable control.
However, there may be circumstances under which an executor deliberately refuses to distribute assets to you and other named beneficiaries. These reasons may be a direct breach of their fiduciary duty, and examples read as follows:
- An executor may have no legal or financial skills and is anxiously avoiding the start of the estate administration process.
- An executor may have a poor relationship with one or more of the named beneficiaries, and is purposefully withholding their funds out of spite.
- An executor may have had a close relationship with the deceased and may have a personal and emotional issue with handling their assets.
- An executor may have personal debts they are struggling with and choose to borrow the deceased’s funds to satisfy them immediately and compensate beneficiaries later.
When can an executor be removed for refusing to distribute assets?
As a named beneficiary of your loved one’s will, you may have a legal right to petition the Pennsylvania probate court to remove the current executor from their standing authority. Specifically, you must cite and prove any one of the following grounds:
- You have reason to believe that an executor is committing fraud or another form of financial misconduct.
- You have reason to believe that an executor does not have the mental or emotional capacity to take on this great responsibility.
- You have reason to believe that an executor has a conflict of interest that is too significant to allow them to handle their duties correctly.
- You have evidence that an executor has already failed to perform one or more of their given duties.
- You have evidence that an executor has failed to update you or provide an explanation on why the estate administration is delayed.
Before it is too late to adopt any of these legal strategies, we encourage you to pick up the phone and call one of the skilled Butler County estate planning attorneys from Heritage Elder Law & Estate Planning, LLC. We will be happy to step in at any stage of your legal issue, and we look forward to working with you.
