What to do if an executor of a Will has failed to follow instructions for nearly a decade?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if an executor of a Will has failed to follow instructions for nearly a decade?
About 9 years ago my grandmother passed away leaving her home and all possessions to be divided 5 ways amongst her children and grandchildren. The executor has not done anything that the Will states (equally divide stuff and money from the sale of the house). The executor has been renting the house out and pocketing the money for nearly a decade. Should we pursue this or is it futile? We would be trying to get the the money that should have been distributed to the other individuals as well as for the emotional damage that has been caused by the actions of the executor.
Asked on March 6, 2012 under Estate Planning, Texas
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
What in the world have you been waiting for? Get with an estates litigation attorney immediately to have this person removed for cause, to have an immediate and full accounting and to have them surcharged for losses incurred. Do not wait another day on this!
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation. Yes, you should absolutely do something here. The executor is breaching their fiduciary duty and they could be held personally liable under the law in most states. So get a lawyer and ask about making a motion to have the executor removed and for n accounting. If she or he posted a bond when appointed then see if you can go after the money. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.