If you are a beneficiary of an estate, but you have not received your inheritance, you may rightfully be concerned whether the executor or administrator of the estate is ripping you off. What can you do? If the administrator or executor has not been finally appointed, but has merely filed an application, it might be wise to contest that application. If the executor is appointed to serve independently, the court does not supervise what the executor does. Although the executor can be sued for depriving the heirs of the inheritance, it is preferable to prevent the loss than to try to recoup the money after the horses have left the barn. If you do not believe the person seeking to be appointed to run the estate will treat you fairly, contact an attorney immediately.
If the executor or administrator has already been appointed, your rights depend on whether that person is acting independently or is a dependent administrator. Since a dependent administrator is bonded and many of his actions must be court approved in advance, an attorney can monitor the proceedings and appropriately object to actions of the administrator or seek the administrator’s removal if they are acting improperly.
On the other hand, an executor appointed to act independently is not overseen by the court, and when they choose not to share information with the heirs, the fear that your inheritance is being lost is real. The most effective action to take is to request the executor provide an accounting, but that cannot be requested until after the executor has been serving in that role for fifteen months. Prior to that, an accounting cannot be compelled, but sometimes an inquiry by an attorney to the executor’s attorney will gain enough information to either confirm or alleviate concerns of theft.
Cases come in a variety of types, and your situation will be unique, but when you get to the point that you fear that your inheritance is being lost or stolen, it is time to immediately contact an attorney.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
