What to do if a family has concerns about an estate executor
May 6, 2023
When writing a will, one of the important provisions to include is the naming of an executor. The writer’s chosen estate executor is a trusted individual appointed to carry out the testator’s wishes according to their will following their passing.
When a loved one passes away, it may become apparent that they chose an individual as their executor whom the rest of the family has concerns about. Whether the deceased chose another family member or a professional from outside the family, it is important to know what to do if the choice of executor is a cause for worry.
Why might a family have concerns about an estate executor?
An executor must be impartial in their duties of carrying out the deceased’s will to the letter. There is valid cause for concern if the executor is actively treating any of the deceased’s other family members unfairly or if there is evidence that they might do so. For example, an executor with prior grudges against specific family members or who has a bad reputation might be a worrisome choice.
What can a family do about a worrisome estate executor?
If it seems as if the executor is picking favorites or otherwise making unfair decisions, the first step should be to talk openly with them about the matter. In the event that this does not solve the issue, it may be necessary to collect additional information or even talk to the other beneficiaries. If nothing else can resolve the issue, the only solution may be to present evidence to the probate court.
A person singled out for unfair treatment by a biased estate executor can feel as though they are fighting an uphill battle. However, there are legal options available in such a situation.