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Estate question. I am an Executor of an Estate. The person…

Estate question. I am...

Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor passed away. That will was never probated. The one I am administering was. When she passed away the role I thought could stay with her lawyer who was assisting and perhaps myself since this person was tbe 100% beneficiary of her husband's estate and I am the Executor and 100% beneficiary of her estate. But instead it has been passed on to the alternative exe utir. That was 4 years ago. Nothing has been done. I have finished up doing the estate I am on but cannot send in for a clearance certificate have not seen a do me come in from the other estate. The other executor said that they will not administer the will because they don't like the beneficiaries on it. Therefore they refuse to do anything. Can't the old lawyer just keep gsndkibg that WatTs like she was when the executor and beneficiary died? These are two estates between husband and wife. She was tbe beneficiary of his and I am the beneficiary of hers.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Ontario Canada

Lawyer's Assistant: What documents or supporting evidence do you have?

Probated Will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I dont think so

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Answered in 3 minutes by:
11/19/2017
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,198
Experience: 29 years of experience practicing law, including tax and estate planning.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 3 months ago
Thank you Richard.

Good mronging. The alternate executor of the other will has no legal right to not administer the will because the alternate executor doesn't like who the beneficiaries are. The estate assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the court to have the executor removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put this executor on written notice by certified letter of the foregoing and let the executor know if the administration of the estate is not completed within a short specified of time, you will file a petition with the court to have the executor removed.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 3 months ago
Thank you. The argument is that the will that was orovated 4 years ago that I am working on, the new Executor does not like. She wants to use an old will where she was executor and beneficiary for the wife. This couple had no children or living family. The will I am working on was never disputed in court and was probated 4 years ago. This excuse for not administering the will has only arisen one year ago when I started to push the other party to get this done. The lawyer said it could cost me thousands of dollars to have this resolved in court. I think that is so unfair since it has left me land locked so to speak in my duties to close this estate and who knows what is going on with the husband's assets.

The other executor does not get to pick the will the executor likes. It's not the executor's call. Since the executor won't adminster the latest will done by the decedent and won't resign voluntarily, you'll need to ask the court to remove the executor and impose damages against the executor for the executor's willful misconduct.

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Customer reply replied 3 months ago
Barring a dispute is that a costly venture to file such a thing?

It is not; it's pretty straightforward and the other executor's actions are so blatant, the court will not be the least bit amused.

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Customer reply replied 3 months ago
Well that is good to hear. This has been very stressful for me and the other lawyer has not been encouraging with the words of costly and drawn out court case.

It shouldn't be a difficult hearing as there is really no excuse for the other executor's failure to administer the estate at this point.

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Customer reply replied 3 months ago
Thank you. The person has been deceased for 6 years now. It will be good to get things done. If I am successful will they go to the next alternative executor in his will or would the courts consider me to do it since I am the trustee for his wife estate

It's likely to go to the next alternative executor in the will; but if that person is hesitant for any reason or not qualified/capable, then the court could appoint you.

And, you're very welcome. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,198
Experience: 29 years of experience practicing law, including tax and estate planning.
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Customer reply replied 3 months ago
Thank you for your time.

It's been my pleasure. Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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