Signs Of An Untrustworthy Will Executor
Will executors, otherwise called estate fiduciaries or personal representatives, hold immense power. These people are given the power to manage the money and assets within the estate of someone who has passed away. Executors are given tasks such as transferring assets to beneficiaries, selling property, and hiring appraisers, among many other related duties. If an executor doesn’t take their job seriously, they may be removed for their misconduct by a court judge. Examples of acts an untrustworthy executor may commit include:
- Failing to comply with terms in the will or other estate documents
- Not cooperating with beneficiaries, the court, or creditors
- Mishandling or being reckless with estate assets
- Breaching fiduciary duty
- Making decisions for personal gain or profit
- Abuse of discretion
- Undue influence
- Having an argumentative nature with beneficiaries
- Hiding or falsifying estate financial records
An executor must abide by their fiduciary duty and not engage in behavior that tarnishes the decedent’s wishes and legacy. An executor cannot mismanage real estate by selling a property without doing their due diligence first. They are also not permitted to ignore legitimate requests from creditors for debt payments from the estate. An executor cannot be careless in their role, because if they are, beneficiaries or other concerned parties may come forward and request that an executor is removed from their position immediately. Incidents of stealing, hiding, avoiding, or otherwise not being responsible are valid reasons to remove an executor’s control over the distribution of an estate.
As a Will Executor Lawyer from Klenk Law has probably seen before, there are times when executors do not act in the best interest of the decedent and his or her estate. When this happens, an executor may be forcibly removed and another person is appointed to take their place.