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Warning signs of executor mismanagement

On Behalf of | Jun 27, 2024 | Probate

When a loved one passes away, the executor needs to manage the estate as per the deceased wishes. 

Unfortunately, there are times when the executor may not be managing the estate effectively. Recognizing the signs can help address issues before they become more significant problems.

Lack of communication

Executors should provide regular updates including the progress of probate, asset distribution, and resolution of debts. If you find yourself constantly reaching out for information, it could be a red flag that the executor is not handling things correctly.

Delays in administration

While some delays are natural in the probate process, excessive or unexplained delays can indicate problems. If months pass without significant progress, it may be a sign that the executor is not fulfilling their duties properly.

Financial discrepancies

The executor is responsible for managing the estate’s finances, which includes paying bills, distributing assets, and keeping accurate records. If you notice discrepancies in financial reports, missing assets, or unpaid debts, it indicates mismanagement.

Conflict of interest

An executor must act in the best interest of the estate and its beneficiaries. If the executor has personal or financial interests that conflict with managing the estate impartially, this is a serious issue. For example, if they benefit more from selling an asset quickly at a lower price, their decisions could harm other beneficiaries.

Neglecting estate assets

Proper care of estate assets includes real estate, valuable personal property, and financial accounts. If you notice the executor is ignoring any of these, it could suggest mismanagement by the executor.

Managing an estate is a significant responsibility that requires transparency, diligence, and integrity. If you suspect that the executor is not managing it effectively, you need to address these concerns promptly.