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While many Will contests are about trying to set aside a Will of a loved one because you felt you were unfairly left out of the Will, what happens if you were named in the Will but the Executor has failed to do anything?
It is important to understand the role of the Executor. An Executor serves in a “fiduciary capacity.” An Executor has a fiduciary duty to an estate. This means that they are in charge of probating the Will, collecting the assets of an estate, paying the debts and taxes, and properly distributing the assets of the estate pursuant to the terms of the Will. They are held to a higher burden, meaning they MUST put the interests of the beneficiaries and the estate ahead of their own. If fail to do so, they can be removed as executor.
If you think that an executor is not properly doing their job, we recommend speaking with an experienced Probate attorney to discuss your options.
Call our office at 214-559-7202 or contact us online to speak with a probate attorney.
Learn more about Contesting an Executor in a Will.
