Is this driliction of duty on the executors part?

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Is this driliction of duty on the executors part?

Dad passed away 2 years ago. I was to inherit the house. How do I get the
executor to complete the trust and put the house in my name ? I did everything
the executor wanted me to do. I paid the attorney the balance owing on the trust
and have paid the property taxes and repairs. Should I file a letter of complaint
with the courts?

Asked on August 9, 2017 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You don't file a "letter of complaint" with the courts: the courts will ignore a letter of complaint since that is not a legal filing. What you do is file a legal action in court requiring the executor to justify his actions (and inaction) and, if he is found to be not obeying the terms of the will or not following his "fiduciary duty" (the duty of loyalty to, and taking reasonable care for the benefit of, any heirs or beneficiaries, imposed on the executor by law), the court can issue an order compelling him to do certain things, or even remove him as executor and appoint someone else in his stead. This is a procedurally complex legal action to file, much more so than, say, a small claims case--retain a probate attorney to help you.


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