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What Are the Options if An Executor Isn’t Doing Their Job?

Butler Law Sept. 12, 2019

Many Myrtle Beach residents have had to experience a loved one’s death and deal with the probate process. An executor is a person named in the will whose job is to distribute the estate as the decedent intended. It can be a difficult job, but most executors perform it well. When a person believes that the estate executor is not doing their job, they have a few options.

If an heir or beneficiary believes that the executor is not doing their job, they have a few options to pursue. One option is to bring that person to court and have them removed from the estate. This occurs when a person is able to prove that the executor has engaged in misconduct. The court will hold a hearing and allow both parties to present their arguments before it makes a decision.

Another option is for a beneficiary to sue the executor for failing to do their duties. The beneficiaries will need to prove that they suffered financial harm because of the executor’s actions.

The probate process can be an emotional time for a family. Not only are they dealing with their loved one’s death, but the financial matters must also be sorted out. If the beneficiaries believe that the estate administrator is not doing their duty, they may want to speak with an attorney who specializes in probate litigation. An attorney can help investigate the beneficiaries’ claims and see if any misconduct has occurred. They can help the beneficiaries get the answers they seek and help them reach an appropriate resolution.