What Can I Do if the Executor Is Not Doing Their Job?

You may find yourself in the frustrating position of being a beneficiary or an heir to an estate with a fiduciary who is neglecting or mishandling their duties. If so, you may need to take action. The Surrogate’s Court Procedure Act provides legal proceedings that, in the proper situation, may be used to enforce your rights and protect your interests.

For instance, you may be able to seek an order compelling the fiduciary to provide information about the estate, make a distribution, sell real property or to provide an accounting of all his or her acts. If the fiduciary continues to be neglectful in defiance of a Court order, there may be grounds for his or her suspension or removal.

Don’t let a bad fiduciary deprive you of what’s rightfully yours. If you suspect your interests are in jeopardy, don’t hesitate to consult with a trusts and estates attorney who can help you take action.