Executors are the individuals responsible for dealing with the probate court, paying outstanding debts, collecting assets, and distributing the estate to beneficiaries after someone has passed away. After being appointed, the executor has a legal duty to follow the deceased’s instructions in the will and fulfill their responsibilities in an appropriate manner. Unfortunately, some executors do not follow the will and instead put their own interests first. There can be serious consequences for executors who ignore their obligations.
Before asking a court to step in when an executor incorrectly distributes assets or does not follow the will, you can first:
- Send a letter to the executor demanding they correct the situation
- Speak to the executor and give them adequate time to fix their mistakes and follow the will
If the executor does not rectify their mistakes, you ask the probate court to step in, and the executor may face the following consequences.
Removal From Executor Role
A beneficiary who suspects that the executor is not properly handling the distribution of assets or failing to perform their duties should submit a petition to the court to remove the executor. If the court finds evidence proving that the individual has not been following the will, the court may remove the executor and appoint a successor executor.
Responsibility of Financial Loses
The executor can be liable for financial loss they cause the beneficiaries by mismanaging estate assets. This is because an executor is a fiduciary who is not allowed to benefit at the expense of a beneficiary.
Reduced or Denied Compensation
The court also has the authority to either reduce the amount of compensation the executor receives or completely deny any compensation they would otherwise be entitled to receive.
If you are a beneficiary who has reason to believe that the executor has not been following the will, you should seek legal advice immediately.
Contact our firm today for a consultation.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
