The executor of an estate, also sometimes known as a personal representative, has many responsibilities to fulfill. They manage estate resources, communicate with those who have an interest in the estate and oversee the probate process. It is a job rife with responsibilities that not just Anyone can fulfill.
Testators drafting estate plans often put a lot of thought into who they designate as their personal representatives. The probate courts also try to select responsible people for that position. Unfortunately, some people do not fulfill their obligations to the estate and its beneficiaries effectively.
They may misbehave or fail to manage the assets in the estate properly. Occasionally, families have to initiate probate litigation to remove a personal representative. The following are some of the warning signs that a lawsuit might be necessary to replace a personal representative.
Indications of embezzlement
In scenarios where families notice that assets go missing from the estate, that can indicate potential theft. Other times, there may be questionable transfers made during estate administration that diminish the overall value of the estate. When there are warning signs of either embezzlement or self-dealing, the beneficiaries or heirs of an estate may want to take legal action to replace the personal representative with someone who won’t misappropriate resources.
An inability to perform key functions
Numerous circumstances can arise that leave a personal representative incapable of doing their job. Some people end up incarcerated after a criminal conviction. Others may have some kind of major medical issue that incapacitates them. If personal representatives dealing with unusual circumstances do not voluntarily step down from their positions, it may be necessary for beneficiaries or heirs to go to court to remove them from their role.
Unexplainable delays in the probate process
Some personal representatives fail in their obligations from the earliest stages of estate administration. They don’t initiate probate proceedings or send notice the creditors. They fail to secure assets that could be vulnerable to theft or damage. Sometimes, families initiate probate litigation to remove a personal representative due to inaction. Other times, unnecessary delays become the basis for probate litigation. The law actually allows for the removal of a representative if they do not complete the probate process by the third anniversary of the decedent’s passing.
In cases where a personal representative or executor has diminished the value of an estate through incompetence or misconduct, those who expect to inherit from the estate may want to remove them from their role. Filing a probate lawsuit can potentially help to protect the assets in an estate and replace a personal representative with someone capable of doing the job ethically and appropriately. Families, heirs and beneficiaries sometimes need to take legal action to protect themselves and the legacy of a person who has died.