What an Executor Can and Cannot Do

Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor.

What is an Executor of Will or Administrator of Estate?
The executor of will or administrator of estate is the individual responsible for handling and completing the probate process for the decedent’s estate. Commonly, a parent may name their oldest or most responsible child the executor of their last will and testament. As such, it is that child’s responsibility to handle the estate’s probate process, including paying debts using estate assets, selling estate property, and distributing assets to heirs and beneficiaries in accordance with the last will and testament.

What are the executor responsibilities to beneficiaries?
Being named the executor of a will brings with it a wide variety of important duties that must be carried out to meet the wishes of the decedent. If you have been named as an executor, here are several of the functions you may need to undertake: (for more info, read “The Executor of Will Checklist”)

- Locate the will.
- Retain an attorney.
- Identify and protect the deceased person’s assets.
- Review the will and keep its beneficiaries informed.
- Notify all other appropriate parties.
- Continue paying bills as needed.
- Start distributing assets of the estate.
- File papers to close out the estate.

Can an executor also be a beneficiary?
Yes. It’s quite common for an executor to be a beneficiary. Consider when one spouse passes away, the living spouse of the decedent is frequently named executor. It’s also common for children to be named both beneficiaries and executors of wills/trustees of family trusts.

What if the beneficiaries cannot find or locate the executor of a will?
If the beneficiaries and heirs of an estate cannot locate the executor of the estate, or if the executor dies, the local probate court will appoint someone to be the executor. The court will issue “letters testamentary,” which document authorizes the executor to act on behalf of and in the best interest of the estate. Note, a living executor can also be disqualified from their role if they are incapacitated, convicted of a felony, or express what the court or beneficiaries believe to be a conflict of interest.

What if the executor cannot locate a beneficiary?
If an executor cannot locate a beneficiary, the courts will need to be convinced that the beneficiary should be deemed deceased. Before the court will do so the executor most show and document that they’ve done the following:

- Reached out to any living spouses or family members of the beneficiary
- Sought the beneficiary’s last known mailing address
- Reached out to previous employers
- Reached out to other individuals in the community
- If the executor, nor the probate court representatives, are able to locate the beneficiary after a set time period, then the missing beneficiary is treated as if they passed away — and their inheritance assets are distributed fairly to the other heirs and beneficiaries.

Can an executor override a beneficiary?
The executor cannot change the last will and testament. It is the executor’s express duty to act in the best interest of the beneficiaries and estate. If an heir or beneficiary feels that the executor is not fulfilling the decedent’s intent, as dictated by the will, then it is the heir’s right to contest the will and pursue litigation, in order to get what they feel is fair, and intended by the decedent.

Can I sue the executor of a will or administrator of the estate?
Yes, an executor or administrator can be sued, just like anyone else. However, if what you are looking to do is challenge the distributions of a will or trust, then you will need to contest the will or trust via probate or trust litigation.

When do I contact a probate lawyer?
Contact a probate lawyer as soon as possible. The sooner you contact a probate lawyer, the more they can do to protect your rights and get your rightful inheritance.

Have questions? At RMO, we protect people like you everyday.

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[justsomerandomgirl]

My mom just died and my brother is executor and refuse to give me and my other 2 siblings a copy of the will. He says we have an appointment with a lawyer in January but the lawyer does not verify this at all. My other brother who is a ex convict is living in my moms home and who knows who is coming and going.

[deehen]

He is so good at communicating. He is a brilliant man. I like his voice and his face.

[knoxfamily]

My stepsister was named and she won't sign paperwork to release my portion of will. She is very passive aggressive.

[vwatts]

Excellent!! I was the executor of my parent’s estate. Although I carried out my parent’s wishes from their Trust, if I had to do it again I would have hired a probate attorney to help communicate with one of my siblings who wanted to purchase my parent’s house for significantly far less than the market value. That siblings does not speak to me to this day

[finnn]

Well presented!! Clear, straightforward, and helpful!

[wanderwoman]

This is great info & I appreciate you for sharing it.

[mattguaydacan]

My probate case starts with my mom diagnosed with cancer in 2020. Toward the end of the summer mom dropped in on a lady who helps get wills, trusts and noterizes. She received an information document from this lady. This document is crucial in my case. The lady told my mom this document needs to be filled out and it's going to determine the direction she takes putting mom's paper work together. When I say paperwork talking about living trust, will, power of attorney, and estate plan. There's three beneficiaries sister who killed my mom my brother and I. Mom put a adopted brother on paperwork also. He was there to see that trustee was fair in every way. Was not getting anything he just loved my mom who raised him. The document I mentioned earlier. So notary lady admitted sister was the one who handed document to her. At her deposition the lady admits when it was handed to her from sister she took it like sister had mom fill it out and signed it. Sister says she filled it out over phone with mom and says she had some nurse take it in to my mom and had her sign it. This document explains why my case is going the way it's going. Mom never saw this document. Couple more reasons. The beginning of the end was, I had been mom's ride to all appointments few months prior to the pill situation. Mom was allergic to vicatin sister knew that. She also knew she had never taken oxycodon. I filled mom's prescription 24 hrs earlier which consisted of 30 pills. I went to girlfriends after I dropped mom off at house. Got home next day around the same time left day before. Walked in and first thing comes out sisters mouth is mom says she want to go to emergency. First thing I say back is where are the pills I left with mom. Sister walked to her purse and handed me the bottle. Walked in mom's room and dumped pills out and counted them. Four pills missing. Mom had never taken oxycodon. Her oncologist when she prescribed them said half or even start with a quarter pill. What my sister didn't know is that same day with her oncologist we set up mom's first kemo appointment for that next week. Mom never came home after that. All of us knew including notary lady mom would be home soon. Notary lady planned on going to house when mom got home to have mom sign everything she needed to sign. Was no communication at all with sister who put herself as trustee. She admitted moms not going to have one of us alone involved in decision making with all decisions. This is where our adopted sibling was to step in. Instead of her reaching out to him to get some things worked out for mom. That never happened. Her being only one involved with all mom's paperwork explains everthing. All she needed to do is get someone else involved. What you know now is a lot. Still need to tell what else she has done. She sold mom's estate for way below market value. Filled out eviction papers on me on the day mom actually passed. This is all in her deposition. What I think is someone adviced her to let the people who bought my house serve me with unlawful detainor. At my trial the judge never let me or my attorney say a word. She said she already had her mind made up there's nothing to be said. What this county did was try my unlawful detainor before I could prove what my sister had done. The two depositions and trial and incident when I first tried to get petition filed with clerks. What I'm about to tell you is the whole truth so help me God. The day I'm talking about is the day the amended petition was filed. So I call court house that morning ask if the people have to be there or if I can go there and file it for them. The answer I got was I don't need the people there. We'll the people were my brother and girlfriend who also lived at estate. So I'm in clerks office trying to get petition filed. What happened next is God. Clerks are telling me my paperwork is not filled out rite. They said it is incomplete and there not attorneys they can't help me. There no way I could explain how that made me feel. What happens next is my brother who has same last name as me was at court house to give a pee test for probation. As he walked by where I was at dealing with these clerks stuck his head in the door. I looked to see who opened the door it's brother asking me if I'm taking care of what I needed to take care of. As that happened I look at the clerks face her jaw hit the ground. To me it seemed like she was dumbfounded. It so clear to me they didn't know there was two of us. I asked her you now know there not one of us. That there are two of us with my last name not one. What happens next. The clerk helping me walked over to another clerk and had her help me with anything I needed help with. They went from telling me go away they can't help me to helping me fully. Get this not only that the office was about to close cause covid. They closed office and let me stay there to complete my paperwork till I was done. Was taught truth wins truth is all I have said about all this. Sorry so long I feel way better getting all this out. Want opinions on my case

[ruthiris]

Thank you very much... words I needed to hear...

[trackmastersdj]

In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work.

[MsBrooklyn]

The executor can not distribute anything without access or court orders. I am an executor and an heir ad right now I got 2 sisters thinking I'm stealing stuff.

[LoveVlog]

I have a question, will I get notify if I am no longer the executor?

[marisagonzalez]

Thank you for the info. It confirms more of the research of my legal standing. The first court-appointed executor of the estate of which I am the sole beneficiary filed a fraudulent will contest against me even though he was not related to the deceased party. I was opposed to him being appointed, yet the court disregarded and dismissed my request. The professional fiduciary and his attorneys, used his last name to fool and undermine the court. His name is the same as the deceased party, although there is no relation. The executor/professional fiduciary and his attorneys have been committing fraud and perjury against me since 2014 by filing and maintaining fraudulent claims and cases against me with the intention of having me convicted for alleged crimes. Riverside County has been denying my rights and discriminating against me since 2013. I won my case, yet Riverside continues to persecute me while so many officials ignore the injustice and the crimes that are being committed against me. Please help for the sake of justice and equality.

[anntrope]

Thank you for this information… & for delivering it in a clear, & concise manner… I really appreciate your input…🌻

[praisegod]

Can a lawyer be someone's executor? I was asked to be an executor of a VERY financially complicated person's estate, and I'm exhausted just thinking about it! Can I suggest that this person find a good lawyer to execute their will/estate? Any other ideas?

[choirboi]

If you are entitled to a large sum of money or valuable property gets lawyer, but you better be prepared to spend a lot of money also, you will be paying out of pocket while the person you are contesting will be paying for there lawyer from the estate, you’re basically paying for two lawyers, one to help you and one to hurt you.

[privateprivate]

I have tried to obtain a probate lawyer. But, for the most part, the ones I’ve spoken to consider the case to be too much drama, for what it’s worth. My sibling sounds as if they’ve lost their mind as, they seem to feel that they can decide they’re executor, on their own and, perhaps, that they’ll distribute assets, as they see fit, which include 2 mortgage free properties. Our mother died intestate, however, I’ve found our stepfather’s Will in county records, which name me as both the sole beneficiary and successor executor to my mother. Although I still intend to hire a probate attorney, if I’m appointed executor, I’ve had to write up the OSC, the VC and the Proposed Form of Judgment and submit them to the surrogate office myself, in order to keep the ball rolling.

It is good to know, however, that, should I become executor, I should forfeit the executor fee, to avoid paying taxes on it.

[kimballentyne]

Thank you. If issues of probate date are late can beneficiaries still qualify to inherit in England?

[shirleyparks]

Deceased lived in Indiana for 3years however his home and accounts were in Tennessse and the Will was excuted in TN. Which State do I need to find a attorney

[donnasanchez]

What if there is not a Will? Is a Legal Doc Legal, "IF" ones wife works for an attorney, makes up the "paperwork" needed to appoint her husband executor, then take this document to his 3 brother's home's to sign this document and without knowing exactly what they just signed? I live in Texas and have been kept out of the loop of what's been going on and now my help is needed. I know a lot of laws in Texas but even I know not to sign such document in my home without an attorney present to explain to me what I am signing and without sustaining a copy for my records.

[helenatempest]

My mother is still living she is in a nursing home with Alzheimer’s which I hate seeing her in there she made me the Executor of her Will ! My brother is also in the Will we don’t speak he tried assaulting me and he just uses his key storms in when he feels like it screaming out that we the people living in my mothers house should all be dead!! I don’t know what to do. I can’t afford a lawyer to help me. I want my mother back home. Someone please help!