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29-Aug-2020 12:09
While laws vary from one state to another, the common features of unfair conduct include favoring one beneficiary over others, using estate assets for personal use, poor asset management, and failing to provide a beneficiary with information requested and which she has a right to receive, such as asset information and court papers.For example, if an executor gives money to one beneficiary but withholds money from another without an acceptable reason, he is being unfair.A person who receives property or a share of an estate under a will has certain rights as soon as the will is probated.Probate, a court proceeding that affirms the will's validity and gives the executor the legal authority to distribute the estate, is designed to protect the rights of will beneficiaries.The executor has a fiduciary duty — a duty of trust and integrity — to the estate's beneficiaries.While most people try to appoint trustworthy individuals as their executors, the case sometimes arises where a dishonest executor needs to be removed.For other issues, such as the executor not providing requested information, court remedies vary by state.
The executor of an estate is generally a person the deceased named in his will, a person who submits the will to probate and then obtains control of the deceased's affairs by qualifying as his personal representative.For matters related to assets, you can usually file a petition in the court overseeing the estate to force the executor to produce an accounting of what he's done so far.