An Unreliable Relative Is Executor: Know Your Rights as an Heir

You are not alone if your loved one’s estate is being settled by an untrustworthy relative – an unreliable executor. Many heirs face this challenge. Communication is deplorable. You doubt that the settlement is being handled correctly.

What should you expect? Should you hire your own attorney? You just want it to be over.

Here are a few things you should know when faced with an unreliable executor:

• A will should be produced within 30 days, though the exact time frame depends on the state law. Also, a trustee should let you know their identity and address within 30 days of the death.
• Whoever has a will must produce it and generally should see that it is filed with the court in the county where the person last resided permanently.
• There are different types of probate and different levels of probate depending on the need. Some are more formal than others, but they are all public record.
• Executors (also known as personal representatives) have to inventory the assets. Sometimes you have to request it, but they do have to provide it and account for what they did with the assets when all is said and done.
• If the relative is a step parent, most of the time they only have a partial interest in the estate or trust of your father or mother. If they are trustee, then they generally have to look out for your interests as a “remainder-person” as well as their own. This means they need to be transparent over the years about what’s in the trust and how it’s being used.
• If you feel like the personal representative or Trustee is not being forthcoming in these matters, then you may indeed wish to consult with an attorney.

Do you have an estate situation you want help with? There’s a right way and a wrong way to handle the administration. Learn more by speaking with one of our paralegals about your unique situation.