Law Blog

dormanlawad-728x90-banner-v2-ani

What If The Executor Of The Will Cannot Be Trusted To Be Fair?

SHARE
, / 155 0

Image result for What If The Executor Of The Will Cannot Be Trusted To Be Fair?

The person who makes the will also assign an executor who is responsible for distributing the property after the death of the owner and he is also responsible for making sure that all the debt and taxes related to the property have been paid properly. The law regarding the executor varies according to different states but most of the probate courts first verify and approve the assigned executor before giving him/her charge of distributing the property and acting as an official executor.

But you should also know that if a person has a problem with an executor regarding his distribution or any other activity then he/she can file an objection against the executor. If you don’t succeed in taking action against an executor who is following unethical manners then your estate will have to suffer loss and in some cases, you may also lose the part of your inheritance. If you are a beneficiary under the will or an interested party in the estate, then in most of the cases, you can easily take action against the executor. You can hire a good lawyer for dealing with such cases, like if you are living in Israel then you can hire will and estate lawyer Israel and get expected results.

So, in this blog post, we are going to discuss the various aspects of the case where an executor of the will cannot be trusted to be fair.

What Is The Role Of An Executor?

 As discussed at the start of the blog post, an executor is assigned by the person making the will in order to pass the inheritance to the beneficiaries mentioned in the will. Along with the distribution of the assets according to the will, an executor also needs to protect the assets until it is passed on to the beneficiary. For example, an executor in the case of a hme as an asset will have to keep the home safe until his role as an executor is not over. In addition to this, an executor is also responsible for paying the final bills of the descendants and then passes on all the duties related to the assets like tax and debts to the beneficiary. An executor cannot be biased when it comes to distribution and he will always have to act in the best interest of the estate and its assets.

What Are The Rights Of A Beneficiary?

According to the state law, all the rights of a beneficiary fall under the will but along with the rights mentioned in the will, a beneficiary also has power according to the common law. According to the common law, the beneficiary has the right to check the will personally and ask for all the documents related to the estate and its assets like value appraisal, sales contract, etc. When it comes to timely inheritance, then as a beneficiary, you might find the state law making a difference in your rights as in cases of home; the executor can take more time to complete his duty. Along with all this, the beneficiary also has the right to question the money which executor is expected to receive for his duty. If both the beneficiary and executor are not able to decide on the compensation then the courts come in between and make the final decision.

How To Deal With Unfair Conduct By An Executor?

If you know that the executor is not fulfilling his/her duty wisely and is biased towards the distribution then you can take action against them but your course of action will depend on the type of unfair conduct being carried out by the executor. In most of the cases, the beneficiary files a petition in the court through which he/she can ask the executor to give details of what he has done so far. After the petition, the court will go through a thorough investigation and if it finds anything odd then it can take action against the executor and in some cases, even remove the executor.

So, if you think that your executor is not being fair and then you can simply hire a will and estate lawyer Israel and take immediate action against him after consulting your lawyer.