Settling an estate can be messy. It's particularly difficult when people don't do their job right, there is a lack of communication, or any one of a number of people involved simply stall, such as heirs, lawyers, judges, court employees, or financial institutions.

A question was asked of me by a channel viewer, "What are the rights of a beneficiary if an executor fails to communicate?"

First, executors named in wills need to take their role seriously, and they should follow the appropriate procedural rules that govern the estate settlement process. One of the best practices an executor can undertake is, at the start of the process, communicate clearly with the parties regarding all aspects of the estate settlement, such as, terms of the last will, assets and debts, and steps that expect to be taken to have all matters resolved accurately and expeditiously.

But sometimes court intervention is necessary to move estate matters forward. Three remedies that heirs have when they feel an executor is getting things done include, requesting accountings from the executor, petitioning to remove an executor, and petitioning to be put into possession of something that was left to them in a last will.

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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450

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