Executor not communicating with beneficiaries

Can an executor communicate with a beneficiary? Are beneficiaries dealt with an unresponsive executor? Upon examination, they will let you know exactly what your rights are depending on your status (a wife of a decedent may have different rights compared to a neighbor). When an executor is not communicating with beneficiaries, the beneficiaries may lose their patience and bring a proceeding to compel the executor to file a judicial accounting. A good executor will avoid this costly step.

Beneficiaries do get their information eventually, whether the executor wants it or not.

It is better for the executor not to upset the beneficiaries. It is best for the executor to communicate with the beneficiaries. E xecutor misconduct is serious. When an executor is withholding an inheritance , not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated.

Feelings of helplessness and lack of control can lead to anger and even ruin relationships. Fortunately, there are things you can do to get executors to act appropriately, although you must understand what the executor is legally required to do and what actually constitutes executor misconduct. The executor should avoid updating any beneficiary of the value of the estate until the final accounting.

When the executor has to make a tough decision, the executor should never poll beneficiaries as to what they think the decision should be.

One of the main reasons litigation ensues in estates is because there is a feeling that the executor is not communicating with the other interested parties. Lack of communication usually leads to suspicion and resentment. Regular discussions with the executor will allow you to be involved in the process. Complicating matters, the executor often has a relationship to the deceased and a personal interest as a beneficiary. Communication is your best tool to combat this potential fear.

Connect 1-on-with Certified Legal Professionals, Online and On-Demand. Get Law and Guidelines in Real-Time, Hours a Day. Instantly Find and Download Legal Forms Drafted by Attorneys for Your State. There are, of course, also corporate executors , such as banks.

However, this does not eliminate the executor’s duty to comply with the probate process. State law may require that the executor transfer ownership of estate assets within a certain time frame, such as one year. If the executor fails in this duty, the beneficiary may petition the court to appoint a new executor.

Email is a great communication tool, as it allows you to communicate on a regular basis, get input in an organized fashion, and maintain a record of what has been communicated. You might be amazed at how poor your memory is of events that happen shortly after the funeral of a loved one. The beneficiaries also might experience the same effect.

By notifying the beneficiaries of the above events, the beneficiaries were able to act promptly when needed.

In my administration, most beneficiaries lived out-of-state, and the beneficiary pool was large. This means that they hold a special position of trust. The executor of a will has a fiduciary relationship to the beneficiaries under the will. When acting in the scope of their role, an the best interests of the beneficiaries must be acted for, not themselves.

The Trustee may not tell you what the assets of the Trust are, may not explain what the investments are, may refuse to talk to you about a sale of the assets, a sale of real property, or even sale of stocks, and may refuse to talk to you about when assets will be distributed. Creditors and income tax bills are paid first. However, an executor will only be removed if there is a good reason. Typically, the executor has more responsibilities than rights. A trust becomes automatically irrevocable when the grantor passes away.

If the trust is revocable, you may ask the grantor to revoke it and establish a new trust with a new trustee. This does not require a court order.