An executor is a person appointed by the court to oversee the estate of a deceased person. The executor is to handle all aspects of the estate through the probate process. Usually, the executor is a respected and trusted individual who performs the job in a professional manner. Sometimes, however, that may not be the case. In some instances, an heir or beneficiary may believe that the executor is not acting properly or may even be stealing from the estate.
It is helpful to understand the duties of an executor so you will know when they may be doing something wrong. A knowledgeable estate attorney will answer your questions and assist you in this matter.
The Duties of the Executor
The executor is a person put in charge of an estate after the death of the estate owner. The executor is always to act in the best interest of the estate. The executor has several responsibilities, including inventory of everything in the estate, obtaining the value of property and other assets, paying bills and taxes on behalf of the estate, protecting the estate, and distributing the estate in accordance with the will. The executor takes care of all the many issues of the estate in the same way that the property owner would have done while they were alive.
Mishandling of the Estate
There are times when an executor mishandles the estate. Mishandling may be intentional or may simply be due to incompetence or making poor decisions. Some signs of estate mishandling are:
- Missing deadlines
- Failure to provide documents to the court or heirs
- Poor communication
- Taking too long to complete tasks
- Selling assets at a loss
- Delaying or withholding inheritances
Another sign of potential mishandling is when the executor uses the assets of the estate to pay his or her personal expenses. The executor should always open a bank account for the sole use of the estate and should never use this account for anything else. Estate misconduct may include fraud, embezzlement, or intentional dishonesty, among others.
What to Do if You Think the Executor is Stealing
There are some things you should do and some actions to avoid when you think an estate executor may be stealing. First and foremost, do your homework before you confront the executor with an accusation. Just because the executor has acted irresponsibly does not necessarily mean he or she is stealing. Gather the details and consult with a probation litigation attorney. A skilled attorney understands the process and knows how to handle these types of issues. In some cases, your attorney will be able to resolve the matter without taking further legal steps.
Sometimes, you must take legal action to resolve stealing by an executor. You will need to prove that the executor breached his or her fiduciary duty, which can be somewhat difficult and complex. This action can cause a delay in the probate process and, therefore, a delay in the distribution of inheritances. However, if someone is stealing from the estate, you have the right to sue the executor to get the money returned. It is best to consult with an attorney to learn your options so you can choose the best resolution to the problem. To get the legal help you need, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.