If you are included in an estate plan as a beneficiary or an interested party, you may obtain all relevant information from the personal representative/executor. Firstly, they may notify you that you have been named in the will and it has gone to probate.
Additionally, they should keep you reasonably informed about the estate – the assets to be distributed, debts associated with the estate and so on. The executor may also ensure you are informed about the probate process, including issues they may encounter that may delay the distribution of assets.
Communicating with beneficiaries and interested parties is one of their duties. Therefore, an executor who fails to do so may be breaching their fiduciary duty. So, what can you do:
Can you remove them?
If the executor fails to communicate effectively, you can contact them to raise the matter. If they fail to improve, consider removing them since failing to communicate effectively may deem them incompetent.
To remove an executor, you need to file a petition with the probate court. Note that you will need to provide evidence to support your claim. In this case, you can show your effort to obtain information from the executor, such as any emails you sent asking them to improve communication. You can also get witness statements from other beneficiaries and interested parties.
The probate court may then initiate investigations, including reviewing the will to check if it is pertinent for removal of the executor. It will then follow the appropriate proceedings before appointing a new executor.
An executor failing to communicate effectively with beneficiaries and interested parties may be grounds for removal. But you need sufficient evidence to prove incompetence. Learn more about the circumstances surrounding your case to ensure your loved one’s estate is handled by a competent party.
