What happens if an Executor refuses to distribute an estate?

When an executor mismanages the estate by not distributing assets to you as required under the will, you have the following options: File a petition with the court to remove the executor. Seek to have the executor held in contempt of court. File a civil lawsuit against the executor to recover your assets.

What can you do if an Executor refuses to act?

You may be able to: Have the executor voluntarily renounce Probate. If the executor renounces and there is a substitute or alternative executor in the Will, that alternative executor can then administer the estate. If not, another interested person can apply to the Court to administer the estate.

Can an Executor refuse to show a Will?

There is no specific legal requirement for an Executor to disclose a Will or its terms, but if you are a beneficiary, you can ask for disclosure and to be supplied with a copy of the Will. Your solicitor will then advise the Executor of the consequences of not disclosing the Will.

How to remove a solicitor as executor of an estate?

The application would need to include: 1 The reasons for wanting the solicitor to be removed as Executor. 2 Details of the Estate, such as the total value and its beneficiaries. 3 Details of who would take over the role as Executor.

What happens if an executor does not want to act?

In essence, therefore, having Power Reserved to you means that you can retain the power to deal with your loved one’s Estate should the need arise, but that you agree to a fellow Executor administering the Estate in the meantime. This can allow you space to grieve without undue concern that things aren’t progressing as they should.

Who is the executor of an estate in a will?

An Executor is normally named in a Will, and it is their responsibility to administer the Estate of the deceased. Generally, an Executor will be another member of the family or a close friend, but sometimes it can be a professional, such as a solicitor. Why would a solicitor be the Executor?

Can an executor of an estate renounce their duties?

If your executor doesn’t want to carry out their duties after your death, they can ‘renounce’ their position. They can only do this if they haven’t started dealing with the estate yet. If they’ve already started the administration of the estate, they are said to be ‘intermeddling’…

When does an executor of an estate refuse to act?

As long as the executor is performing their duties, they are not refusing to act, even if they are not yet ready to distribute the assets. Once seven months have passed, and the executor is still not releasing money or property left by the estate, then the executor may be refusing to act.

Why do executors not ask for legal assistance?

If it is the desire to save the Estate money that prevents an Executor asking for legal assistance then this is misguided. Inexperience, lack of knowledge including various laws may end up costing the estate dearly. Missing filing deadlines and not taking advantage of exemptions could result in additional costs to the estate.

What to do if executor of estate is not communicating?

Upon examination, they will let you know exactly what your rights are depending on your status (a wife of a decedent may have different rights compared to a neighbor). Where the decedent died without a will, a lawyer should start by examining the Surrogate’s Court file on the estate to ascertain the rightful heirs and other relevant information.