The passing of a loved one is one of the most mournful moments of a lifetime. Emotions are high. Patience is short.
Emotions can be further exacerbated by poor communication between an executor and beneficiaries. Beneficiaries who perceive, rightly or wrongly, that an executor is intentionally withholding information (i.e., the contents of safe deposit boxes, bank account balances, cash found in the home), may wonder what, if anything, they can do to protect their interest.
While an executor is charged with carrying out the wishes of the deceased person, as set forth in the will, there are limits to an executor’s authority.
What rights do you have as a beneficiary?
As a beneficiary, you have a right to understand the assets and liabilities of the estate and how the estate is being administered. How soon you can exercise that right depends on the law of the state where the estate is pending. In Georgia, an executor cannot be called into court to account for their actions until at least six months has passed since their appointment by the court.
The role of a trusted executor
A trusted executor is obligated to administer an estate in the best interests of its beneficiaries and creditors. This includes protecting the estate’s assets from waste and loss, ensuring that fair market value is received for assets that must be liquidated, and administering the estate in a timely manner. Unfortunately, this does not always happen.
What to do if executor is unjust
Misconduct from executors can quickly make beneficiaries feel helpless. It can ruin relationships and lead to court battles.
There are solutions.
As a beneficiary, you have the right to take an executor to court. There, you will have an opportunity to force the executor to provide a full accounting of their actions with estate assets. If the court determines that the executor has engaged in misconduct, the court can order the executor be removed from that position and/or that they should not be compensated for their services to the estate.
If you are a beneficiary who is concerned that the executor of your loved one’s estate is engaging in misconduct, you should speak with an attorney.
The attorneys at Gaslowitz Frankel can evaluate your case. Our team has more than 30 years of experience in determining the best course of action for contesting wills.
If you are involved in a dispute over a will and need legal assistance, contact our fiduciary litigators today at 404.892.9797.
