An Executor is someone appointed by the owner of an estate to prepare the estate and ensure that the assets are passed over to the right people. Therefore the Executor has several essential responsibilities and the position should only be given to a trustworthy individual. If the owner of the estate dies without appointing an Executor the court appoints one. 

However not everyone makes the right choice when choosing an Executor. There are various ways one can abuse the position of an Executor for their own monetary gain. It is important to understand the common Executor misconducts and how to recognize them to avoid being taken advantage of. Consult with an attorney today to get the help you deserve. 

Common examples of Executor misconduct 

1. Failing to present a will to the probate court. 

One of the many duties of an Executor is to present a will to the probate court. Without a will it is impossible for an estate to go through probate. The deadline to submit a will may differ from state to state. In Monroe the law requires you to submit the will within 60 days of the Decedent’s passing. 

Only some of the real estate goes through the probate process but they will still be submitted within the designated time. Sometimes Executors hide the will just because they disagree with what is written in it. This is a form of misconduct. 

2. Not paying taxes bills and other estate expenses on time. 

When the estate owner dies or becomes incapacitated the financial duties fall on the Executor. The Executor is responsible for paying off the debts paying taxes and any other bills that might need to be cleared. Failure to make these payments can lead to fines and other legal repercussions. Sometimes the Executor may avoid paying the bills and keep the money to themselves. 

Can heirs sue an Executor?

When you find or suspect the Executor indulging in misconduct you might wonder if there is a way to take legal action against them. Fortunately if one can prove that the Executor has been involved in fraudulent activities they can file a lawsuit against them in an attempt to recover compensation for their losses. 

An Executor can be removed from their duties for the following reasons: 

• They have wasted embezzled mismanaged or committed fraud, or you suspect they are about to do something like that. 
• They are not qualified for the job and lack the skills or abilities to fulfill their duties.
• They are negligent in their duties and have wrongfully neglected the will and the owner’s wishes.