What to do if an executor of a Will has failed to follow instructions for nearly a decade?

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What to do if an executor of a Will has failed to follow instructions for nearly a decade?

About 9 years ago my grandmother passed away leaving her home and all possessions to be divided 5 ways amongst her children and grandchildren. The executor has not done anything that the Will states (equally divide stuff and money from the sale of the house). The executor has been renting the house out and pocketing the money for nearly a decade. Should we pursue this or is it futile? We would be trying to get the the money that should have been distributed to the other individuals as well as for the emotional damage that has been caused by the actions of the executor.

Asked on March 6, 2012 under Estate Planning, Texas

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

What in the world have you been waiting for?  Get with an estates litigation attorney immediately to have this person removed for cause, to have an immediate and full accounting and to have them surcharged for losses incurred.  Do not wait another day on this!

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  Yes, you should absolutely do something here.  The executor is breaching their fiduciary duty and they could be held personally liable under the law in most states.  So get a lawyer and ask about making a motion to have the executor removed and for n accounting.  If she or he posted a bond when appointed then see if you can go after the money.  Good luck.


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