Dealing with Challenging Executor
Hey everyone, Brad from probateresource.com here, and I’m joined today by Josh Nelson from Nelson Elder Care Law, based in Woodstock and Marietta, Georgia. Josh is going to answer some common questions about probate, so stay tuned because this information could be incredibly helpful.
Josh, let’s dive right in. What can someone do if they’re dealing with an executor or administrator who is either not fulfilling their duties or acting inappropriately? I know this must be a situation you encounter frequently.
Communication Before Confrontation
Josh: Yes, probate can be complex, and concerns are understandable. Misunderstandings often stem from unclear expectations around timelines and the administrator’s role. When faced with legal paperwork, it’s natural to wonder if personal representation is necessary. While not legal advice, typically, it’s not required. If doubts persist, consultation is wise, but remember, more lawyers can mean higher costs and delays.
If concerns arise, especially with a family member as administrator, direct communication is key. Clarify any doubts, request documentation if needed. This can often be done without escalating to legal battles. Remember, lawyers in these situations naturally create an adversarial atmosphere, with hourly rates that quickly deplete the estate.
So, it’s important to determine if the issue is simply a lack of communication. Often, though, concerns center around the location and status of assets, with fears of irreversible loss if action isn’t taken. If this resonates, involving an attorney can be valuable. They can clarify your legal rights, expected disclosures, and available accounting, deciphering any confusing legal jargon.
When someone initiates probate as executors, they must obtain acknowledgments from all heirs. This includes confirmation of whether the executor is bonded. A bond acts as insurance: if the executor misappropriates funds, the bonding company compensates the heirs. This can alleviate concerns about potential wrongdoing, especially in situations like blended families where a biological child might worry about inheritance. Ensuring a bond is in place, rather than waived, can provide significant reassurance.
Bonds Offer Financial Protection for Heirs
First, we need to ensure this isn’t simply a communication breakdown. Often, the underlying concern is the money’s location, its management, and whether it’s at risk of vanishing without recourse. If that’s the worry, legal counsel can be invaluable. They’ll guide you through your legal rights, expected documentation, available accounting methods, and interpret any confusing legal jargon.
When someone initiates probate, they must obtain an acknowledgment from all heirs. This includes a question about the executor being bonded. A bond acts as insurance: if the executor misappropriates funds, the bonding company reimburses the heirs, relieving pressure and offering peace of mind in situations where wrongdoing is a concern. For example, if a stepparent is executor and you’re a biological child worried about potential loss, ensuring a bond is in place can be reassuring.
The second question is whether you waive the right to an inventory or accounting. An inventory, prepared by the executor, details the estate’s initial assets, aiding future tracking. Waiving this is an option, often streamlining probate when everyone agrees. However, if concerns arise, you can request an accounting later. This entails asking the person in charge to detail initial assets, expenditures, and remaining funds, effectively addressing concerns about mismanagement or misappropriation.
Many fears stem from siblings or step-parents suspecting collusion among others to gain an unfair advantage. If this is a concern, a solid plan upfront is ideal. However, if probate is underway, ensure a bond is in place if possible, and closely examine inventory and accounting. Additionally, consider timelines. After initial acknowledgments, probate prioritizes creditors, requiring notification through newspaper ads (which also reach digital channels) to inform them of the passing.
Probate Timelines and Red Flags
They have roughly 120 days in Georgia to reach out. So, if four months pass without hearing from the executor, it’s understandably unsettling. Probate moves quickly initially, then hits a waiting period before payouts, causing worry due to miscommunication and lack of understanding. Hearing stories of swift inheritance payouts can lead to suspicions, but often, it’s just a matter of different mechanisms like trusts or life insurance being involved. Probate simply doesn’t happen overnight.
It typically takes six to nine months. Knowing this, having access to inventory and accounting, and ensuring bonds are in place when dealing with others’ money can alleviate stress. However, if you see the executor flaunting newfound wealth, it’s natural to raise questions. Communicate with them, and if you get a bad feeling, seeking legal counsel might be necessary.
When to Consider Removal and Court Intervention
Brad: Absolutely. We had a case where a half-sister distrusted the executor and wanted her removed. We advised that contesting this would prolong probate unnecessarily, hindering the sale of the house and delaying funds.
So, we negotiated with the bank to require dual signatures for withdrawals, preventing the executor from acting alone. This eased the sister’s worries about misappropriation.
Josh: That’s a helpful measure, though not foolproof. Sometimes relationships are beyond repair. We encounter families where communication is toxic, even refusing calls or texts.
Brad: Like the case you’re handling now.
Josh: Exactly. In such cases, removing the executor and appointing a court-appointed administrator can be worth the cost for stress relief. If you fear theft for six months, legal intervention might be necessary. Even if a will names your stepmom as executrix, you have the right to petition the court if you have valid concerns.
Judges are usually reasonable. If your claim has merit, they’ll likely appoint someone else to avoid drama. Yes, they’ll be paid, around 5% in Georgia, but that can be a small price for peace of mind.
Probate Concerns and Solutions
Brad: Absolutely. Thanks for the valuable information, Josh. I hope this lengthy video sheds light on this complex and emotional topic.
Thanks for watching, everyone. This is Brad with probateresource.com, joined by Josh Nelson of Nelson Elder Care Law. We appreciate your interest in these videos. If you have a house to sell and want a quick, hassle-free cash offer, we’d love to buy it. Or, if you prefer the traditional listing route, I’m a licensed Georgia agent and happy to help.
Thanks again, Josh, and we hope you enjoyed the video.
Josh: Thanks, Brad.