Can an executor withhold an inheritance?
Withholding inheritance Executors may withhold a beneficiary’s share as a form of revenge. They may have a strained relationship with a beneficiary and refuse to comply with the terms of the will or trust. They are legally obligated to adhere to the decedent’s final wishes and to comply with court orders.
What happens if an executor refuses to distribute assets?
However, an executor who refuses to distribute assets to heirs of the estate is an entirely different story. This scenario involves executor mismanagement. When the executor mismanages the estate, you have options.
When does an executor have to distribute an inheritance?
There is no set time limit. And importantly, the executor can distribute the assets only after the property is evaluated and debts and taxes are paid. So beneficiaries often do not get their inheritances until everything else is wrapped up.
What can I do if the executor of the estate does not pay me?
When an executor mismanages the estate by not distributing assets to you as required under the will, you have the following options: Regardless of the reason the executor mismanaged the estate, you have options to ensure the final wishes of your loved one are carried out properly.
How is an executor required to finalize an estate?
She must always act in good faith and deal expeditiously on behalf of the estate. An executor is obligated to finalize an estate by turning over estate assets to the heirs and giving a final accounting to the court.
However, an executor who refuses to distribute assets to heirs of the estate is an entirely different story. This scenario involves executor mismanagement. When the executor mismanages the estate, you have options.
Can a beneficiary remove an executor from an estate?
If an heir or beneficiary believes you are not appropriately fulfilling your legal obligations, they have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor.
She must always act in good faith and deal expeditiously on behalf of the estate. An executor is obligated to finalize an estate by turning over estate assets to the heirs and giving a final accounting to the court.
There is no set time limit. And importantly, the executor can distribute the assets only after the property is evaluated and debts and taxes are paid. So beneficiaries often do not get their inheritances until everything else is wrapped up.