As the beneficiary of your loved one’s estate, you may find yourself at the mercy of the executor. So you may sense a lack of control when the executor is floundering in their given responsibilities, and you are suffering as a result. If this scenario closely resonates with you, please follow along to find out what happens if an executor fails at their assigned duties and how a proficient Putnam County estate litigation attorney at the Law Office of Andres D. Gil, PLLC can help you rectify these mistakes.

What are the duties of an executor?

Essentially, the executor is an individual who was appointed by your loved one (i.e., the grantor) to manage and administer the estate’s assets on their behalf when they were no longer around to do so themself.

Specifically, an executor is supposed to perform these duties in the exact manner explicitly directed by your loved one within the terms and conditions of their Last Will and Testament. Simultaneously, they are expected to respect your rights as the beneficiary of the estate, which entails remaining informed on the estate’s status and receiving the full share of the estate promised to you through your loved one’s expressed wishes.

In short, an executor must act selflessly. Meaning, they may not work in their own best interest to the detriment of your loved one’s overall estate plan.

What happens if an executor fails at their duties?

If an executor fails to perform their duties effectively in any way, this may be considered a breach of fiduciary duty. Ultimately, a breach of fiduciary duty may come with serious legal consequences. But first, below are specific examples of what constitutes such a breach:

  • The executor may take money or assets from your loved one’s estate for their personal gain (i.e., embezzlement).
  • The executor may place money or assets from your loved one’s estate into their personal accounts (i.e., commingling assets).
  • The executor may buy assets from the estate or sell their own property to the estate without court approval (i.e., self-dealing).
  • The executor may fail to disclose facts or present facts falsely to you and other beneficiaries (i.e., material misrepresentation).

What are the chances of an executor being removed for this breach?

Well, if you have solid grounds to believe that an executor has breached their fiduciary duty, you may petition the New York State Surrogate’s Court to remove them from this position. In presenting a strong enough case, the court may appoint a replacement executor on your behalf. Of note, you or any other individual with a personal interest in your loved one’s estate may step up and request to fill the post at this time.

In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact a talented Putnam County estate litigation attorney at the Law Office of Andres D. Gil, PLLC today.