An executor has an important job to do once someone has passed away. If they do not do this job properly, they should be removed and replaced with someone who will. It’s not always easy to remove someone from this position though. A Des Moines estate planning lawyer can tell you good reasons to remove someone as executor and how you can show that they committed some kind of misconduct.
What is the Role of an Executor?
An executor’s role is to settle someone’s estate and to ensure that their last wishes are honored. They should be:
- Taking care of any property left as a part of an estate
- Transferring assets to the beneficiaries named in the will
- If there is no will, they should be transferring assets to beneficiaries in line with state intestacy laws
- Addressing the probate process, preferably with the help of an attorney
- Paying any bills and taxes owed
When they do their job right, the estate is left in good standing and the heirs all get the assets left behind for them. This process can take a little while, but if it goes on too long it’s not that strange of you to suspect that something is wrong. That’s when it may be time to look into the executor’s actions.
What Would Qualify as Executor Misconduct?
There are a few common behaviors that qualify as executor misconduct. The person in charge of your loved one’s estate might be accused of:
- Self-dealing using estate property
- Damaging estate property
- Failing to pay off debts, bills, and other expenses
- Making unauthorized investments
- Removing property without court approval
- Mismanaging assets
- Attempting to hide or omit estate assets from official documents
- Ignoring court orders
- Withholding inheritances
- Unnecessarily delaying the settlement of the estate
Another common issue is payment. Executors are entitled to be paid. Managing an estate can be a tough job after all. However, their pay should be reasonable. An executor who takes a ridiculous amount of money from the estate is likely to be accused of misconduct.
An executor may also be removed due to incapacity. If someone is suffering from a disease or disability that interferes with their ability to make reasonable decisions, that can be grounds for removing them.
How Can I Address Potential Executor Misconduct?
After a certain period of time, you are allowed to ask an executor for a full accounting of the estate and what they have accomplished so far. If there is evidence of misconduct or the executor is unable to produce such records, a complaint can be filed in probate court. A lawyer can help you figure out when you should file such a complaint and help you build a case against an executor who has gone rogue.
Talk to an Attorney
If you have any kind of issue with a loved one’s estate or an executor, we may be able to help. Contact Herting Law, PLLC and schedule a consultation. We’ll tell you more about what our estate planning lawyers can do to be of assistance.
