Coming to terms with the death of a loved one is never easy. Getting through the legal and practical steps that follow a death can be equally difficult for surviving loved ones. Those steps can be considerably more difficult, however, if the Executor mismanages the estate during the probate process. The Executor is responsible for overseeing the probate process and a problematic Executor can leave beneficiaries, heirs, and even creditors in a frustrating and uncertain situation. An estate planning attorney at Bennett | Michael | Hornsby offers some guidance on what you can do if an Executor mismanages an estate in
Tennessee.
What Is an Executor Supposed to Do?
Probate is the legal process (usually court-supervised) that is intended to ensure that a decedent’s estate is properly settled, debts are paid, and assets are distributed according to the terms of the decedent’s Last Will and Testament, if one was left behind. The Executor is appointed by the decedent in their Last Will and Testament and is responsible for overseeing nearly every step of the probate process which typically includes things such as:
- Filing the Will with the proper probate court and initiating probate.
- Identifying and valuing the deceased’s assets.
- Managing estate property during the probate process.
- Paying off legally valid debts and taxes.
- Defending the estate against challenges, such as a Will contest.
- Distributing estate assets to the named beneficiaries or to the legal heirs under Tennessee’s intestate succession laws if no Will was left behind.
Fulfilling these duties requires attention to detail, an understanding of probate law, and the ability to act impartially and in the best interest of the estate. When an Executor fails in these areas, serious problems can arise.
How Do I Know If an Executor Is Mismanaging the Estate?
Probate can be an emotionally charged process for everyone involved, including the Executor. As such, keep in mind that not all mistakes indicate that an Executor is mismanaging the estate. Nevertheless, there are some signs that you should look for that can indicate a more serious problem, including:
- Failing to Meet Deadlines: Probate is a legal process, meaning that there are strict deadlines for things such as filing inventories, submitting tax returns, and providing notice to creditors. Delays can lead to penalties, interest accruing on unpaid debts, or even personal liability for the Executor. Chronic missed deadlines can reflect disorganization or the Executor’s lack of understanding of the serious nature of the role.
- Conflict of Interest: Executors are expected to act solely for the benefit of the estate and it’s the designated beneficiaries. If the Executor is also a major creditor, a business partner, or stands to gain disproportionately from the estate, it may be difficult for them to act impartially which can lead to a problematic conflict of interest.
- Disregarding the Terms of the Will: The Executor must follow the instructions outlined in the Will exactly without regard to how the Executor feels about those terms. Failing to do so is a breach of the Executor’s fiduciary duty.
- Poor Communication: The Executor has a duty to keep beneficiaries and heirs informed about key developments. Failing to communicate or refusing to share documents can point to a deeper issue regarding how the estate is being managed.
- Failing to Defend the Will: Executors have a duty to defend the Will if someone challenges its validity. If the Executor appears to be avoiding that responsibility or seems indifferent to disputes over the provision of the Will, it can be considered a breach of duty.
What You Can I Do About a Problem Executor in Tennessee?
If you are a beneficiary, heir, or creditor and believe the Executor is not properly fulfilling their fiduciary duties and responsibilities, you may have legal recourse. The first thing you need to do is to gather evidence and document the mismanagement. Once you have evidence to support your claim, it is time to consult with a Tennessee probate attorney to discuss your legal options.
In some cases, your attorney may be able to resolve the problem by communicating directly with the Executor; however, if there has been intentional and/or significant misconduct/mismanagement, court intervention may be required. In that case, your attorney can file a petition with the probate court requesting the removal of the Executor. An Executor can be removed for things such as neglect, mismanagement, misconduct, or an inability to perform the duties of the role. The court will hold a hearing, review the evidence, and determine whether the Executor should be replaced.
Contact a Murfreesboro Estate Planning Attorney
If you have additional questions or concerns about what to do when an Executor mismanages an estate in Tennessee, contact an experienced Murfreesboro estate planning attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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