There can be terrible consequences for beneficiaries when an executor fails to properly administer an estate. Executors possess broad authority to control all aspects of an estate, and the value of an estate can be diminished if they act improperly. This column discusses some of the rights that beneficiaries have when it comes to taking action to enforce both the estate and the executor’s fiduciary obligations. This article provides a list of the type of executor misconduct that can devalue an estate. Beneficiaries do have rights to not have the value of their estates mismanaged by an incompetent executor who can be subject to court oversight. The type of remedies that a beneficiary would be entitled to depends on the situation, but beneficiaries need to take action as soon as possible if they suspect that an executor might be improperly administering an estate.
See Robert F. Morris, What Can I Do If Executor Abuses Estate?, The National Law Review, February 17, 2016.
