When an estate or trust is not being managed correctly, there are steps you can take to address the situation.
1. Assess the Management: Begin by evaluating whether the executor or trustee is failing to fulfill their responsibilities or engaging in unlawful actions.
– Are they misappropriation of assets from the estate or trust?
– Have they neglected to carry out the instructions specified in the Will or trust?
– Have they been convicted of a felony subsequent to being appointed as executor or trustee?
These factors can be grounds for seeking the removal of an executor or trustee through legal proceedings. However, if the delay is reasonable and justified, the court is less likely to intervene.
2. Petition the Court: If you believe that the actions of the executor or trustee warrant removal, you can file a petition with the court. A hearing is then scheduled where all involved parties can present their arguments. Based on the evidence and testimony, the court will decide whether to remove or retain the executor or trustee, often with the condition that they adhere to their duties transparently and promptly.
3. Seek Legal Guidance: If you suspect that someone responsible for managing an estate or trust is not fulfilling their duties, it is essential to consult with a trust and estate litigation attorney. They can provide valuable guidance, help you navigate the legal process, and work towards achieving a favorable resolution.
Understanding Your Rights When Executors or Trustees Fail in Their Responsibilities
If you find yourself in a situation where an executor or trustee is neglecting their duties, you may be wondering about your rights and options.
For instance, you might be facing a scenario where a family member or relative, who serves as the trustee or executor, appears to be inactive or uncooperative. They may have failed to sell a property, withheld information, or even mishandled assets. In such cases, legal action may become necessary.
Typically, legal firms are engaged to demand compliance from the trustee or executor. This often involves sending a formal letter requesting comprehensive information, including documents, financial institution details, and an action plan.
Before initiating court proceedings, it is generally a requirement to demonstrate that you have made efforts to resolve the matter amicably. This communication serves as a precursor to filing a petition with the court, which essentially conveys, “We’ve requested their cooperation, but they haven’t fulfilled their obligations. We respectfully request the court’s intervention, which may involve an accounting or the removal of the trustee or executor due to their noncompliance.”
In many instances, when faced with the prospect of legal action, trustees or executors seek legal counsel themselves. This can be a positive development, as their attorney can advise them on fulfilling their obligations properly.
While resorting to petitions and legal action is not always the first step, probate courts and the probate code offer robust safeguards to protect beneficiaries and heirs when those entrusted with estate management fail to meet their responsibilities. These safeguards may include the potential recovery of legal costs incurred during the process.
If you encounter such challenges, it is advisable to consult with an experienced trust and estate litigation attorney who can provide you with comprehensive guidance and help navigate this complex legal terrain.
