Executor Not Communicating with Beneficiaries

Executor did not notify beneficiary

What happens if an executor fails to inform a beneficiary? Beneficiaries hold rights, and when kept uninformed by the executor of a decedent’s estate, they’re empowered to pursue legal remedies. They can file a petition in court demanding the executor to provide necessary information, ensuring transparency and fulfillment of their fiduciary responsibilities.

Executor not communicating with beneficiaries

If an executor doesn’t notify a beneficiary or heir about the decedent’s will, or if they fail to maintain transparency, beneficiaries can challenge the will. With legal assistance, they can assess if there’s a solid basis for contesting the will’s probate process. Should the executor initially inform beneficiaries but then cease communication, despite numerous attempts at contact, it’s crucial to consult a probate litigation attorney.

Lack of communication from the Executor could potentially provide legal grounds to contest the will, based on the Executor’s fiduciary obligations. Executors are legally bound to execute the testator’s wishes as outlined in the will, which includes a duty of care towards the beneficiaries. If communication falters, beneficiaries are entitled to be kept in the loop regarding the estate’s administration.

What are my responsibilities as a Beneficiary?

As a beneficiary, your primary responsibility is to act reasonably in your dealings with the will’s Executor. Gaining an understanding of the probate process is key.

Ensuring that the testator’s intentions are not compromised by incompetence or misconduct is crucial. States have specific criteria for the removal of an executor. Typically, the probate court will remove executors who fail to:

• Fulfill the Executor’s duties adequately: It’s common for a Beneficiary to also be the Executor of the Will. The Executor is tasked with efficient bookkeeping, addressing tax issues, creditors, and beneficiary rights to information. Lack of clear communication can prompt beneficiaries to petition for the Executor’s removal. Maintaining a balance is essential.

• Comply with court orders: Failure to follow a court’s orders can result in the Executor’s removal.

• Use estate funds for personal gain: The Executor’s primary fiduciary duty is to the testator’s wishes, which includes looking after heirs and beneficiaries. Misappropriation of funds can have serious legal consequences.

Beneficiaries are advised to gather information and seek legal advice to ensure adherence to the law.

Executor of will not contacting beneficiaries

What if the executor fails to notify beneficiaries about the will? Beneficiaries and heirs have legal rights. Should they remain uninformed about the decedent’s will by the executor, they can contest the will’s validity. With the assistance of a will contest attorney, they might be able to challenge the probate admission of the will, thus protecting their rights and holding the executor accountable.

What is the Responsibility of the Executor?

As a beneficiary, understanding the probate and trust administration process is key to getting along with the Executor.

It summed up in a simple process as the following:

1. Protect the estate of the testator/grantor: Determine all properties, debts, etc.
2. Probate the will: liquidate, i.e., sell assets and obtain tax clearance.
3. Pay heirs and beneficiaries: Once paying creditors, then and only then can distribution to beneficiaries and heirs take place. Any sooner can create civil matters for the Executor!

The point of contention arises when there are real estate properties to be sold. Beneficiaries believe they have positional power to influence the Executor on exactly how and when to sell properties.

Now, if there is a will or, in some cases, where there is no will, the latitude to the executor/administrator can vary greatly. When the legal instrument, i.e., the Will does not explicitly state the handling of real estate properties, the Executor should faithfully act and has great latitude.

In an example of selling a property, when the fair market value is determined, the Executor can sell the property without consenting to the beneficiaries. Note: If the Executor is showing good faith, i.e., getting proper appraisals, etc., then courts will shun from removing the Executor simply because a beneficiary did not agree to the sale.

A lack of communication from an executor on an estate matter may not be deemed breaching the contract merely because they are not reporting pitch by pitch what is occurring. The courts will interpret what constitutes “a timely manner.”

Therefore, beneficiaries should recognize signs of conflict of interest and not merely react without legal grounds.

Is there a time limit for a Beneficiary to Act if Breach of Fiduciary Duty is Occurring?

When it comes to probate, it can take ten months or more to finally pay the heirs and beneficiaries. Often, it can extend to over 2 years depending on several factors.

Before any payout takes place, the Executor should complete the following to maintain their fiduciary duty:

1. The Executor should notify each beneficiary and heir they are included in the will early in the process. This allows for contesting the will, which is a legal right.
2. To be transparent about the value of the inheritance. All depending on paying creditors and taxes first will determine the actual inheritance, and this can take months to years.

If you feel the updates received from the Executor are not corresponding to what’s expected from an executor, contact an estate planning attorney right away.

Protect Your Rights! For over 30 years, Hess-Verdon & Associates have experience in estate planning, business, and probate litigation, allowing us to gear up more quickly and handle your case more efficiently. You receive answers to substantive law questions and recommendations for settlement or litigation strategy sooner and with less research time.

Executor of Will Not Sharing Information

What if an executor withholds estate details? Executors bear the duty to transparently update beneficiaries about estate activities and related transactions. Should an executor neglect this responsibility, beneficiaries possess the legal right to approach the court. By petitioning, they can urge the court to mandate the executor to disclose the necessary information, ensuring fairness in estate administration.

Is an Executor Required to Communicate with Beneficiaries

Are executors obligated to update beneficiaries? Absolutely. Executors hold a duty to furnish a comprehensive accounting to the court. Beneficiaries are entitled to this accounting, ensuring transparency. As per the California Probate Code, this accounting delineates specifics like the estate’s property and its value at the accounting period’s commencement, ensuring beneficiaries are well-informed.