What are the legal obligations of an executor of an estate to the other beneficiaries – providing information regarding status etc
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the legal obligations of an executor of an estate to the other beneficiaries – providing information regarding status etc
We gave a situation where a relative changed his executor from a family member to
a neigbour and is now not just the executor but the 4th beneficiary. None of this
information was shared with family members. As the other 3 individuals do not
live in state – we struggle with getting information. What legal rights do we
have to secure copies of the status of the estate and what claims may be filed
against it.
Asked on May 14, 2018 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An executor has the obligation to follow the terms of the will; he also has a "fiduciary duty" to all heirs and beneficiaries, to act loyally to their interests, in good faith, and with reasonable competence.
If an heir or beneficiary believes that an executor is not or may not be acting competently and honestly, he or she can bring a type of legal action traditionally called an action for an "accounting" (though it is possible your state has a different name for it)--that is, to make the executor account for his actions. A court has the power to examine what an executor has done and determine if he is being loyal, honest, following the will, etc. This type of legal action is very different from and more complex than, say, the typical small claims case: you are advised to consult with a probate attorney if you wish to bring this challenge.
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.