August 13, 2015

An executor plays a very important role in carrying out an estate, and it can be nerve-wracking as well as frustrating if you suspect that an executor is not being completely prudent or truthful. Executors have a fiduciary duty to carry out their tasks with integrity and trust. If there is suspicion that something has been handled inappropriately, probate court can mandate a complete accounting of actions taken. 

If the executor appears to be dishonest, the court does maintain the power to remove and replace an individual in that position. In some states, individuals who have been negatively impacted by an executor might be able to pursue a lawsuit against him or her. What is on the line in these scenarios is the personal assets of the executor, which could be used to make the estate “whole”.

If you suspect that an individual in the role of executor is not managing the estate responsibly, you should contact a lawyer. This is a serious matter that should not be overlooked.