Executor or Administrator Misconduct
When it all goes wrong
The job of an Executor or an Administrator is to gather the assets of the estate, pay the creditors, and distribute the remaining assets to the heirs or the beneficiaries in a timely manner. Sometimes, either through ignorance or malicious intent, an Executor or Administrator will breach their fiduciary duty to the family.
Some of the most common indications that something is going wrong in the administration of an estate are:
- Failure to keep the family informed of the progress of the estate.
- Taking longer than six to eight month to settle the estate.
- The Executor or Administrator may suddenly seem to have money.
- The Executor or Administrator may move into a home owned by the Estate.
- Items from the Estate begin to disappear.
- Saying things like "I'm gonna do what I think is best."
What to do when you see these warning signs
You have to take immediate action to protect your rights and begin the process of forcing the offending party to live up to their oath of office. We can petition the Probate Court for a Settlement of the Estate and a full Accounting of all of the actions of the Executor or Administrator. Depending on what we find out during the accounting process, we could seek damages, attorney’s fees and even have them removed from their position as Executor or Administrator.
What if I don't think I can afford a lawyer?
Most of the time, we handle this type of matter on a contingency basis. That means that we will handle all of the legal work and pay all of the expenses in making sure that the Executor or Administrator are forced to do their job and give you all that you are entitled to from the Estate. In return, we receive a percentage of what you receive. We will also request that the Court force the Executor or Administrator to reimburse you for at least a portion of your attorney’s fees.
We also handle these cases on an hourly basis depending on the situation.
Do not delay in contacting us to see what we can do to help you. If there is Executor or Administrator misconduct, time is literally money and each day could result in more of the Estate being wasted.
How the process works
We will contact you
You will generally receive a phone call from an attorney very quickly. If we aren’t able to reach you, we will email you and ask for a good time to call you.
Consultation
We will discuss the specifics of you matter and recommend a course of action. We will give you a proposed fee structure and discuss your options.
Hiring Decision
Once you decide to hire us to handle your matter, we will begin the process of getting you set up to work with us.
Intake
You will receive a series of emails from us requesting that you fill out an online form to give us the necessary information to begin your case as well as an Engagement Agreement that you can sign online by phone or computer.
Pay the invoice
If we have suggested a fee structure that requires a payment up front, we will send you an invoice by email that you can pay online with a credit card or check.
Free quote/consultation
Let us know a little bit about your situation and we can help you customize a solution to your problem.