What Can I Do If the Executor Won’t Disperse Funds?

Question from E, What Can I Do If the Executor Won’t Disperse Funds?

Answer from AI:

If your brother, as the executor of your mother’s estate, dispersed funds to you in 2020 but is now refusing to do so, you may have several legal grounds to address this issue. Executors have a fiduciary duty to act in the best interests of the beneficiaries and to follow the terms of the will and applicable state laws.

Understanding the Executor’s Duties

An executor’s primary responsibilities include:

• Collecting and managing the estate’s assets
• Paying any debts and taxes owed by the estate
• Distributing the remaining assets to the beneficiaries according to the will

If the executor fails to perform these duties, beneficiaries have the right to take legal action.

Steps to Take If the Executor Won’t Disperse Funds

1. Review the Will: Ensure you understand the terms of the will and what you are entitled to receive. The will should outline how and when the assets are to be distributed.
2. Communicate with the Executor: Try to resolve the issue by discussing it with your brother. There may be a valid reason for the delay, such as unresolved debts or taxes.
3. Request an Accounting: You have the right to request a formal accounting of the estate. This document should detail all assets, debts, and distributions made by the executor.
4. File a Petition with the Probate Court: If the executor refuses to provide an accounting or distribute the funds, you can file a petition with the probate court. The court can order the executor to provide an accounting and distribute the assets as required.
5. Seek Removal of the Executor: If the executor is not fulfilling their duties, you can petition the court to remove them and appoint a new executor. Grounds for removal include mismanagement of the estate, failure to follow the will, or breach of fiduciary duty.

Legal Grounds for Action

You may have legal grounds to take action based on:

• Breach of Fiduciary Duty: Executors have a fiduciary duty to act in the best interests of the beneficiaries. Failure to distribute funds as required can be considered a breach of this duty.
• Failure to Follow the Will: Executors must follow the terms of the will. If your brother is not distributing the funds as outlined in the will, he may be in violation of his duties.
• Unreasonable Delay: While some delays in distribution are normal, unreasonable delays without a valid reason can be grounds for legal action.

When to Seek Legal Advice

If you are unable to resolve the issue through communication or if you believe the executor is acting improperly, it is advisable to consult with a legal professional. An attorney specializing in probate law can provide personalized advice and help you navigate the legal process.

Resources

For more information, you can refer to:

• American Bar Association: The Probate Process
• Nolo: Probate Court Basics

Remember, while this information provides a general overview, it is important to seek personalized legal advice to address your specific situation.