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Signs an executor is acting in bad faith

On Behalf of | Jan 28, 2025 | Estate Planning

An executor is someone chosen or appointed to oversee the administration of an estate after someone passes away. An executor is chosen by the testator or appointed by a court.

There are many responsibilities that come with serving as an executor. Identifying and distributing assets to heirs, paying estate debts, handling any estate disputes, filing taxes and closing out the estate are the general duties of an executor.

If you are an heir or beneficiary under the estate plan, you trust the executor to carry out these duties in good faith. Although the estate administration process can be complex and take time, here are some signs that your executor may be acting in bad faith.

Lack of communication

An executor has a duty to keep you and other heirs reasonably informed about the status of the estate. They should tell you what you are receiving and the estimated value of any assets.

You have a right to ask questions to an executor. They should answer you within a reasonable amount of time and should not withhold information from you. If they do not know the answer to your question, they should tell you. If you are not receiving responses from an executor or are constantly left wondering about the estate status, this is a red flag.

Not receiving your rightful assets

An executor must distribute assets according to the terms of a will or New Jersey probate laws. The estate debts must be paid before assets are distributed. This is one reason why it may take some time for you to receive your assets.

If you learn that the assets are ready for distribution and you still have not received yours, this could be a sign of bad faith. An executor cannot withhold assets because of a strained or negative relationship with you.

It is normal for the estate administration process to take time and feeling impatient is natural. An executor does not have control over how long the process takes.

Unnecessary delays

However, if you suspect that the process is delayed because an executor is missing deadlines or neglecting their responsibilities, this is a bad sign. These types of mistakes can be costly and you may want to consider a petition to remove the executor.

New Jersey law allows an executor to be removed by a judge. However, you cannot petition a judge to remove an executor simply because you do not like the executor. You must prove grounds for removal aside from interpersonal conflicts. Proof of the above examples could be valid grounds to remove an executor.

After you petition the court to remove an executor, you will have a hearing before the judge where you must present your evidence.

When you truly believe an executor is acting in bad faith, collecting as much evidence as possible to prove your case. Removing an executor can preserve valuable assets that rightfully belong to you and other heirs.

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