Heirs: 3 Strategies To Get Executor Off His Behind
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- เผยแพร่เมื่อ 15 ก.พ. 2020
- Settling an estate can be messy. It's particularly difficult when people don't do their job right, there is a lack of communication, or any one of a number of people involved simply stall, such as heirs, lawyers, judges, court employees, or financial institutions.
A question was asked of me by a channel viewer, "What are the rights of a beneficiary if an executor fails to communicate?"
First, executors named in wills need to take their role seriously, and they should follow the appropriate procedural rules that govern the estate settlement process. One of the best practices an executor can undertake is, at the start of the process, communicate clearly with the parties regarding all aspects of the estate settlement, such as, terms of the last will, assets and debts, and steps that expect to be taken to have all matters resolved accurately and expeditiously.
But sometimes court intervention is necessary to move estate matters forward. Three remedies that heirs have when they feel an executor is getting things done include, requesting accountings from the executor, petitioning to remove an executor, and petitioning to be put into possession of something that was left to them in a last will.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
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Why there isn't an agency that enforces this stuff is beyond me. Going to court is oftentimes too expensive for many beneficiaries, and these bad faith executors know that.
If only I had siblings that had the capacity to communicate in a healthy way. Unfortunately unresolved childhood trauma is having a profound effect on how we communicate.
How are things going? I hope well
A year later and I find myself in the same type situation… ITS BEEN BAD & unfortunately at this point we will Never Be able to salvage any type relationship 😔
@@mendoblendo321 they are not really better but not worse. I did walk away from some of my Dad’s land as I wanted peace and did not want to have an undivided interest with people who cannot treat me with common courtesy and respect.
@@tonyamedsker213 I’m so sorry. I know how difficult it is. I have joined a sibling estrangement group on Facebook just to process the feelings of the state of my relationship with my siblings.
Who is supposed to keep the executor in check?
I have a doozy of a scenario and am incredibly frustrated. Your videos have been so helpful - thank you! I really wish you practiced near me so I could buy an hour of your time.
What about a executor who now thinks he’s god, and it’s his way or the highway
Got the T-shirt
Lol - I love ur comment. I’m tempted to send it 2 my brother 😀
omg, wondering if we're thinking about the same person. Watching the "power" go to his head was disturbing. He even bought burial plots for his kids and grandkids to let them know not to challenge him.
I believe the executor in the estate I'm an heir is nothing but a probate attorney pupit
Can the probate attorney be removed.
Hello! Thank you so much for this information. Your explanation is actually what I am going though presently. This has helped me move forward to complete this process. Stay Blessed! Keep doing what you are doing.
Effective education for administrators and heirs!
Thanks for continuing to promote estate education C4! 🤓
I inherited an inheritance. My husband passed away before his inheritance was paid. I know people don't like this but it was his money if he had lived he would have rec' vd it. So now you are much hated beneficiary. 3 years in probate on a simple estate , no communication, all the sudden my husband owed money to the person who he inherited from, it's such a waste of the courts time . Just follow the law. Like it or not.
They have to show a signed and notarized contact as proof
@@mandeyoung3495 can you explain this?
Executor/PR has not communicated at all with beneficiaries. It's been over two years since probate began & about seven years since death of testator. I think the majority of assets were life insurance policies to the estate & stocks.
Thank u
Great job
Very Clear
Where would I go to get the forms to petition for removal.
What if the the will waved the court from requiring an accounting?
What excuse delay "due to covid?" For all concerned, including creditors, etc
I am pretending I am watching this three years ago. I would have saved many years of WAITING. And being bullied. But I am done waiting .. finally after FIVE YEARS OF IGNORING ME I have hires a probate litigator. Then he left me a bullying message on my phone. That may sound ugly in court? Heheeheh.
"I am sorry my brother. I will always love you. *But I need an accounting.* Telling me there is nothing to account, is not a proper accounting. A bit jerky that be. And I've been patient. If I spend $20,000 just to find out every-ting is on the up-and-up, I will have *peace of mind* and for me, it will have been worth it."
Be sure to get bank statements as well as financial statement.
@@carolynjohnson639 Yep the "strongly worded letter" went out. Bank statements for the past five years, plus an accounting of everything. This will go to court I suspect. I pray my brother doesn't get too upset (have a heart attacketc.) But hey, I didn't cause this.
Getting close to 4 years and still can not get a proper inventory and accounting!
Request that probate Court judge(need your own lawyer) order an accounting. You will want to see bank statements also. Go over then verify.
Is an executor supposed to communicate with the sole heirs legal representative?
What if there being imposable argue when trying to communicate
The Administrator has not provided an accounting or an inventory of the estate.
He hasn’t had a source of income for years, and is living rent free in the house.
Our attorney has requested an accounting and inventory several times
We have reason to believe that he is selling assets to support himself
And as a convicted felon, he has not accounted for several firearms .
How do we request from a judge?
We have looked for a standard form Petition for Inventory and Accounting” but can’t find one.
There has been no estate account formed
Dealing with a very similar situation- did you get yours resolved?
@@VPC
We got the probate court to issue an order demanding a full correct and complete accounting. Via affidavit.
He then provided a deceptive, artfully incomplete and grossly distorted/exaggerated account.
We have now sent him a request for admissions, with questions we already have the answers to (that are deeply incriminating) and request for further production of documents with, specific items he intentionally blurred or otherwise omitted.
Thank, you, for your video. If an executor files succession pleadings in Orleans Parish Court, do you know how long on average it takes for him to get a judgment? Let's assume the executor is an attorney and thus the paperwork is perfect.
My mom died without a will in January 2023 and then my sister passed in February 2023.
My brother has hired a lawyer without telling me and now has the title to our moms house.
The title is 100% in moms name and her home was paid for.
My brother is now acting very weird and seems to only want tk argue. I called a lawyer for advice and he totally flipped out on me.
Any advice?
My mother had no will, title was in her name, and she owned her home 100%.
No CC debt, maybe some medical debt that's it.
Thank you.
You are entitled to half if its just u too. Do self help legal services and more lawyers
Expose that lawyer who flipped out on you. I don't even want to use that person. Sue your brother if you can.
@user-up4zi1do6p my brother was the one who flipped out on me when I called a lawyer for advice because the lawyer I called just happened to be the one my brother hired and the lawyers office called and told my brother about it and has caused some big problems.
What about addiction, canthey be removed for being a major addict.
The probate closing hearing is 9/6/23. I’m in TN. Do you know how I could request these final accounting documents be there at the hearing, since even our probate attorneys office, said she couldn’t answer if there would be one there. She told me I could file for sone kind of disclosure but I talked to an attorney in Knoxville and he said I could but first., he thought if there wasn’t one or if I had comments of her not doing things in the best interest of the estate, I should just ask if I could speak and simply ask.
You must request one from executor or administrator. In writing is best. You want it before the hearing. You must check and double check everything. You also need the bank statements to verify checks written and deposits made. If not provided, inform the probate court/judge's office. Your attorney(not the estate's) will do this for you. From (Not a lawyer). Do research online.
So how can a administrator know who if any benefitoirs or heirs there is ?
How do you request the accounting? My sister and I decided our other sister would be Admin and we signed over POA. They didn’t like sone of my ideas and quit communicating with me a year ago. The attorney we hired for Probate won’t even answer my questions. After we gave POA to our sister, as an equal heir, shoukd the attorney not answer sone questions. Like we have the probate closing hearing coming up. I called to ask would their be a final accounting given that day and she said she didn’t know. We also signed a waiver on no inventory needed at the beginning, and someone said this meant we had signed off on wanting a final accounting. If this is true, it was not told to me at the time.
My step-father, who absolutely hates my guts, is trying to get trusteeship, power of attorney, and executorship of his divorced wife's estate. It looks like he might very well succeed. As Beneficiary, I've pretty much given up; his deviousness is sociopathic. While I have somewhat acquiesced, I was wondering if he could intentionally leave a beneficiary with a ruinous tax bill and no estate assets. If he was a really bad person, which I believe he is, could he arrange things so the IRS ultimately targets the beneficiary's personal wealth?
Weather it’s a will / trust or both, if the executer/trustee has nobody challenging his or her fiduciary obligations to honor the will or trust the the heirs or beneficiaries don’t have a leg to stand on.
If the estate has not been filed with the probate court then you are not entitled to any of the trust account information.
When the trustee doesn’t inform you about anything in regards of the trust there’s nothing you can do about it.
The courts will not get involved unless you hire a lawyer that specializes in trust litigation.
That’s only if you can afford to hire an attorney, if not then you are out of luck.
There may be a clause in the trust stating that if you challenge the trustee you may lose your inheritance.
Bottom line is you are helpless on your own and could be very detrimental not understanding how civil law works.
You need an attorney to understand what the will or trust is saying.
I’m a naked owner in a succession for which I have received some documents from the 22nd Judicial District Court for the Parish of St. Tammany. If I want an annual accounting from the executor, do I contact this court? If not, how do I make this request? Is a written request required or will a phone call suffice?
The problem might be that know one knows how to be an executor. Or how to fulfill their duties and that they have a fiduciary responsibility. It’s basically dropped on someone right after a death. I’m currently a beneficiary. We are receiving a large sum of money. The executor isn’t. So not only do they do all the work they have to watch the money go to us completely changing our lives. And it was their brother. A lot must be swirling in their head. I think an executor would have to be willing to get into IRS trouble and court trouble to try not to follow will and be a fiduciary for the estate. I’d say that inheritance that don’t go through probate because it’s below a certain amount have a lot more craziness. With smaller amounts of money and no court oversight I’m sure a lot is stolen.
I have a Trustee, why won't email me or call me nothin! His been my trustee for 1 and a half years. He is a attorney. I've fired him several times and he hasn't done anything. Except take his fee and pay a very few of my bills. Will not give me any money except a stipend of my trust for $650.00 a month. No email or phone calls.
I'm sorry one more thing. What if heirs are doing things behind the executors back and doing things on there own
What about 17 1/2 years? 7 years since the last mediation?
Should an attorney guud a executor. What what needs to be done
Yes.
My brother is the executor he has over $600,000 in a account he won’t divide the money he said he has 7 years to do it he is stalling because he won the lottery and doesn’t need the cash so he’s being a Jerk
A good attorney can get him moving.
Can we have a story about the Executor who does their job? It is a thankless job. I have cared for my parents for four years, Dad has passed, Mom still here. I have a sister who will visit for respite and one who does nothing. I am exhausted and I see over and over again how Executors are control freaks. I keep meticulous records but if someone wants an accounting I won’t be happy about the request.
Please get to the point and answer the question.
What are the rights of an executor when they know what the fathers' will was ....but which the mother changed after his death and included her children (not his) in her will plus her stud muffin ?..knowingly going totally against her husbands spoken will witnessed by his 3 sons (not hers )?...should the excecutor sit on his behind and say oh hell no...and stand his ground on the truth?
Get an attorney Now! Pretty sure her changes can be addressed legally. Get a copy of Dad's will(from courthouse in county of his residence).
My sister told us after Mom passed away that she was named executor in her will. We are in New York State. Mom always talked openly of her wishes for years before her death. I know the lawyer where she had a will drawn up about 5 years ago. It's now been 8 months since mom passed away and my sister refuses to execute the will or allow anyone to see it. She won't return phone calls either. Mom told us all that everything would be divided equally among me and my 2 siblings. The last thing my sister told be after Mom passed away was that "Mom gave me the farm and everything in it and made me executor". She has taken everything including Mom's farm, land, cars. I have reason to believe that my sister manipulated my mother in the final year of her life when she was not of sound mind. She demanded to be sole caregiver and live with her for that year. She did everything she could to keep us from visiting mom saying she was often too sick to see people. Something is very wrong and I believe she talked Mom into making a new will leaving everything to her. The estate is substantial which also includes stocks, 2 safe deposit boxes, and a trust worth over $1MM and life insurance policies for each kid. I've consulted a lawyer friend who told me that the clock hasn't even started ticking yet so there's nothing I can do! Is this right? It's been 8 months. Everything I've read online contradicts what he told me. This makes no sense. I cannot afford to actually hire a lawyer to fight this. Only she has access to the Safe deposit boxes, Mom's money and I believe she will empty the boxes and no one will be able to prove what was in them. Any suggestions?
Any luck?
I am not an attorney. I only speak from my own personal experience as I battled my sister over distribution of our mother’s estate to all 9 of us siblings.
First, if the Will lists you as an heir, you are entitled to receive a copy of the document.
Second, according to New York State law, all estates worth over $50,000 are subject to go through probate. However, there are some instances where certain assets like insurance policies, joint accounts, assets in a living trust, and assets held in joint tenancy are all not subject to probate in New York. Please go online and check with the County Assessor’s Office in the county where your mother’s house is located to see who holds title to the house and if, or when, it was transferred. Check to see if was retitled to a joint tenancy with the right of survivorship. When an owner passes away, their interest is automatically distributed to the surviving owner without the need for probate. This house just might now belong to your sister.
Third, the named Executor must file a copy of the Will with the court in order to be appointed as executor. In most states, this could be 30 days or longer after the death of your mother. As Executor, your sister is responsible for:
1. Locating your mother’s assets
2. Gathering and safeguarding assets
3. Paying the decedent’s outstanding debts and expenses
4. Transferring ownership and title to assets
5. Liquidating or selling assets that have not been specifically bequeathed in a decedent’s will
6. Paying estate taxes
This process can take several months as creditors have to document/prove money is owed to them. We had a ‘family friend’ insist that mom owed him $5,000 for a personal loan from 2 years before her death. Mom was in the deep throes of dementia, beginning 3 years before her death and was incapable of requesting any loan. Besides - he had absolutely no contact with her after our dad died 7 years prior to her death. Yeah, the ‘loan’ was deemed invalid, especially since there was no paperwork. In New York State, creditors have 7 months from probate opening to file a claim.
Fourth, the last major part of the probate process involves closing the estate. This includes preparing a final accounting of the estate, or a summary of the estate’s assets and liabilities. The accounting must either be signed off by the heirs and beneficiaries of the estate or be approved by the court.
Once the accounting is approved, any remaining funds or assets can be distributed to the beneficiaries named in the will. My sister wasn’t providing any records and wasn’t taking phone calls, so all dated communication was in writing through US postal service, with signature of letters received, as I lived 1,000 miles away. I demanded to see ALL the accounting. It took nearly 8 months to receive. It was in absolute disarray; however, it was clear that the estate had hemorrhaged money. I threatened her and her attorney with a lawsuit. He was shocked to discover that she’d not written checks to distribute the estate, but had been writing checks to pay off her daughter’s $120,000 private student loans that she’d signed for years earlier.
She had expected all of us siblings to just roll over and accept whatever she was willing to dish out. One brother died, never receiving his inheritance, and another brother was relying on SSDI (disability) from a work-related injury. His inheritance would allow him to make repairs to his house, enabling him to more safely navigate through it.
Most probate matters take between several months to three years to resolve, for an average of about 12 to 15 months. It took us more than 3 years to see any inheritance because of my sister’s greedy actions. After two other sisters and I reconstructed the accounting, and examined remaining assets, we came up with a number everyone was willing to accept (of course, the Executor ‘thief’ had her number reduced by the documented amount she had stolen). The Executor’s attorney strongly recommended she accept the number, or she would be facing a heavy fine and up to 3 years of jail time from a judge. She agreed to the amount, yet held out for 3 more months!! When she and her attorney were made aware that a law firm was being lined up to sue them both into oblivion, the checks arrived. One of the attorneys told me that this suit would most likely result in her never talking to me again. It didn’t matter, as I was looking out for our younger brother. She released the checks only after we agreed to sign a document not to pursue a lawsuit against either her or her attorney. We took our lead from our younger brother, who just wanted this over with. I was okay with this, as I had been able to attain an inheritance for him that he’d all but given up on.
My sister included a note with my check: Her last parting thoughts were that she’d hoped she could “outlast” our younger brother and avoid paying him his inheritance! None of us siblings have heard from her for nearly two years.
She must file it at county courthouse to begin probate process. You can get a copy their. If long distance from county call, write it email request. Usually costs a couple of dollars for copying.
You must get a lawyer! Preferably in the county of mom's residence. Attorney can help you through the governing probate laws. In some states the executor can be removed for undue influence or duress.
You can look up probate code for Mother's state of residence. Helpful for your understanding. Also, many attorney posts on TH-cam. Just type in your question. And listen, listen, listen.
-there-
People are trying to get free lawyer advice in the comment section. These videos don’t help at all , you either want to spend the money and invest in getting something or just don’t do nothing these are the only options.