What To Do If an Executor Is Not Communicating With Beneficiaries | RMO Lawyers

If an executor is not communicating with beneficiaries, it can lead to trouble. An executor owes the beneficiaries of the estate they are administering a “fiduciary duty.” This means that the executor must exercise reasonable care and act in the best interests of those beneficiaries.
FULL ARTICLE: rmolawyers.com/executor-not-c...
As part of that fiduciary duty, an executor has a responsibility to keep beneficiaries reasonably informed about the administration of the estate. This does not mean that the executor must communicate every decision they make or every action they take.
However, executors generally must provide beneficiaries with enough information to understand the nature of the assets of the estate, the debts the estate owes, and how the property will be distributed. This information will typically be provided through an inventory and appraisal of the estate’s assets, updated appraisals, probate referee appraisals, and accountings that are usually filed when an estate is prepared to distribute and close. That all being said, the executor can always provide more information more frequently.
If the executor of an estate fails to keep the beneficiaries reasonably informed about the will’s administration, or if they have evidence the executor is engaging in misconduct or mismanagement, they have the right to petition the probate court for executor suspension or executor removal.
Can an Executor Sell Real Estate or Property?
Yes, an executor can sell real estate or property in most instances.
Under California Probate Code 10000, the personal representative may sell real or personal property of the estate in any of the following situations:
- Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.
- Where the sale is to the advantage of the estate and in the best interest of the interested persons.
- Where the property is directed by the will to be sold.
- Where authority is given in the will to sell the property.
However, even in these instances, there may be limitations on when an executor can sell property. For example, executors will often be able to sell the estate’s personal property without court or beneficiary approval, but only as long as they sell the property for at least 90% of the appraised value. And while an executor still might be able to sell property for less than 90% of the appraised value, if they do they are running the risk of being surcharged for the difference.
But on the other hand, an executor may need approval from the court and/or consent from the beneficiaries before they can sell real estate. It all depends on the level of authority granted to them by the will and any orders the probate court may have issued.
When the court has only granted an independent executor limited authority to act, they must obtain the court’s permission before selling real property. During this process, beneficiaries will have an opportunity to object if they believe that the proposed sale is unsuitable.
What Can Beneficiaries Do to Get Their Rightful Inheritance?
If a beneficiary disagrees with anything an executor is doing they can submit a written objection to the executor, and if the executor fails to respond and keep you informed you may have some of the evidence you need to have them suspended or removed.
Have questions? At RMO, we protect people like you everyday.
Learn more at: rmolawyers.com/who-we-represe...
Call [phone] or email [e-mail]
Connect With RMO Lawyers:
/ rmo-rahn-muntz-o'grady...
/ rmolawyers
/ probateandtrustlitigators
About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@leeannemcneal1984]

My two sisters, are in trouble

[@llw8118]

Mine too sister . But you know god will judge them for stealing but we should get justice .. prayers .

[@texadonkey34]

A step kid who I don’t know and never met, stole everything. Cars and all belongings. His dad died last & my mom didn’t have a will. Now he wants the bank accounts, that are in my mothers name. I’m going to have to sue him.

[@maddscientist3170]

Co -Executors who are siblings are a deadly combination especially when one wants to sell /close the estate & the other is bleeding the estate dry and pleading homeless if it sells

[@marvellaharbin877]

Wow, thank God for this video

[@gwyneth7812]

We were totally screwed over by a solicitor and accountant. Dont think they are more trustworthy because they have a title - in my experience they have a higher sense of entitlement and are very arrogant and patronising.

[@s.zepeda2323]

my sister is executor of the will (mothers estate) been over 1 year no communication with me..ignores my calls, voicemails, text, etc..the probate attorneys removed themselves because my sister was not cooperating…i believe she already has the money and has spent it..she has not once ever furnished any paperwork after or before my mothers house sold…my mothers estate was in wa state..i need help asap

[@catzee4720]

If you don’t mind me asking, what ever happened? Goin through this myself with brother

[@jimmoravec1326]

@@catzee4720 Any positive news regarding your situation ?

[@sharonblac]

what about executor (who is my sister) functions as to protect assets,- as my deceased Moms house, changing locks,*(6 of my Moms aides had keys to her house), my sister who is the executor has not let me in on the colors she is going to be painting inside the house and I may buy the house in the future, from my brother in houston tx. and sister in western ny. I live in austin tx. My sister lives across the street from my deceased Mom and i feel she is taking things into her own hands. She is not keeping me in the loop on important decisions she is making and she acts like I am stupid. I will seek the probate lawyer advice also, that is in charge of probate, Monday. It is hard to still be friends with my sister when she is not disclosing certain things freely to me. without opposition and without bringing up the past...thanks for your advice!

[@Lisa-dp6qw]

Well. The black widow got away with murder, criminal fraud embessalment theft and breech of fiduciary duty ! Thank God Daddy is in heaven with his true love, my Mommy! Thank you all you compassionate attorneys!

[@gwyneth7812]

Compassionate attorney? Oh what i would do for one of those, i did not think there was such a thing!

[@Lisa-dp6qw]

@@gwyneth7812 That's why the Black widow got away with everything and still is. She just paid off her daughter's house but she couldn't pay all of my father's debts when she sold everything. He was a Korean Veteran and I had to pay for his military burial even though she could have used his sole credit card that she had been using. Then after his funeral she MAXED IT OUT 10,000 DOLLARS!

[@ceciliomurrietta6639]

What if after the death of my dad has not gone or put into probate no will no living trust and a chapter 11 trustee was put in by a judge without ever ectnoledging that I was even exciting or even acting like I'm I was ever born

[@beckyperry7752]

"Be careful because attorney's won't do anything except take your money." Comment made by a well-seasoned California lawyer. Don't shoot the messenger.

[@catzee4720]

True

[@IntegrityMeansAll]

Interesting. They definitely charge way too much which is bad but on a different note “be careful to trust anyone who can’t spell attorneys”. Two things can be true at the same time

[@JudgeCommitee-ck5wq]

Your wrong they charge too little and someone steals it and they are nowhere to be found. You want the NICER forgery Proof traditional Law Fiduciary Security Legals Prebate Probate Nickel and Dime solution to Litigation Quarter. Ask for the New Law Model Goldberg Whoopi Bird Interdiction Administrations to avoid the criminal actions of greedy trustee beneficiaries and dysmorphic estate planners. Who use obsolete documents to steal older Police and Clients on the streets. We want NICER Permission ledger validation to 837PC arrest Schedule Scenario Clause exposed inheritance and legacy wealth transfer thieves going Global in April 2024 with millions of 14th century Law Model 837PCV1.1 arresting greedy trustees who steal from Interdiction Validation Certification Trust Vulnerable Family Members.

[@JudgeCommitee-ck5wq]

That’s why ancestor client elder grantor grandparents install NICER to 837PC defend successor client heir grantee beneficiaries with fiduciaries earning 850% more than planners. Doing the work rather than planning inheritance hijackers and legacy thieves.

[@thomasgronek6469]

What if the attorney quits and neither she nor the court tells the executor

[@staceycoutts6331]

My sister is an Executor or was. She sent me a letter stating there will be no correspondence only through mail.

[@llw8118]

They handed it all out so they can pretend they are senile

[@nidasalvador9705]

Sorry am innocent about that .n she don't mention anything about that .thsnk u thank u to mention that

[@basicprogrammer6147]

Could you recommend an attorney in Manatee County Florida?

[@loganmain4244]

Use the florida bar website

[@nidasalvador9705]

Sorry they do what they like to .not telling to me .only her n his attorney they do any kind am innocent cos they sent only copy after a year but fraud .sorry

[@maddiecrook107]

My daughter is named as a beneficiary of 20% of her friends estate. It's large as he received an 11.7 million dollar settlement 16 months before his tragic death. Shes not sure who the executor is, he had an attorney and a financial advisor. The mother of the deceased and main beneficiary told her there are attorneys already fighting and she hasn't even been contacted yet. She was very vague and my daughter didn't want to press her as she's still grieving. They've already sold his million + dollar home at a huge loss. Advice? Is 7 weeks reasonable to hear nothing?

[@Armistead_MacSkye]

No. She needs to get a copy of the will.

[@loganmain4244]

You have to look up the docket, in the county the person died in. You have to file a will in order to sell property

[@loganmain4244]

Selling a house at a loss sounds like self dealing

[@nidasalvador9705]

Pls I need my assets from my late husband .even only small amount .pls sorry about that

[@jimmoravec1326]

It’s been 2 years since I had heard or seen the trustee. I am a beneficiary and have not received anything from the trust I have tried to contact the trustee and he just ignores me. I don’t believe this is normal behavior from a trustee ?

[@gwyneth7812]

Most certainly not - there are lots of thieves out there. Can you go an visit? do you get a report from him yearly? My son was left a small trust fund which a solicitor is in control of and he gets a report every year.

[@jimmoravec1326]

@@gwyneth7812 I could go and visit him but I feel he will file for a restraining order to keep me from getting any information. He is in the wrong and I’m sure he will try anything he can to cover up his greed.

[@gwyneth7812]

@@jimmoravec1326 Surely a Trustee cannot validly get a restraining order?! It certainly seems to be a massive problem. I have tried 15 years to get accountability from my fathers estate but it seems that the regulators and police can also collude to protect criminal thieves masquerading as 'solicitors' and 'accountants'. I dont say that flippantly, i can provide evidence in relation to the police actions, which, so far, they have refused to explain and deal with me by ignoring me. So much for the Nolan principles of public life! The problem with getting a lawyer to help in such situations though is that i do believe they consider themselves entitled to any award or compensation by their massive fees. More and more people really do need to realise the wholesale theft that goes on in the establishment, by the establishment and learn the difference between law and legal. We need courts that we can access and trust.

[@jimmoravec1326]

@@gwyneth7812 You are absolutely Correct and in fact know what your talking about. I do not have any respect for the law enforcement in my Co. I reported that my neighbor has stolen personal property of mine and it’s in plain sight. The deputy goes and talks to the thief first and didn’t get back to me and I’m the one that called reporting the theft. After reading the temporary restraining order I found that the deputy instructed the thief to file a restraining order against me. I did not go to my neighbor’s house or even call him. An attorney told me that my country is the most corrupt county in the state of Minnesota. I will not get any help from law enforcement. I am a victim and I’m literally getting my life destroyed. I don’t bother anyone but I am at the end of my rope with the corruption. This is a small example for what I’m going through. People that know me cannot believe what is going on. I can’t myself I’m in a fight against corruption. I may not win but I won’t give up fighting. Problem is that I get so depressed that I can’t even think. I need help and I just don’t know where to get it.

[@gwyneth7812]

@@jimmoravec1326 Yes, when i went to the police a retired tax inspector (no less) said to me ...'never, NEVER trust the police'.... In my case the Chief Constable (may be called 'Chief of Police' in the US) wrote to me to tell me 'enquires were ongoing' one month after they had already given the person i reported a 'No further Action' notice (I found out later), which says to me that someone was lying to the 'Chief' or he was lying to me abut enquiries being ongoing as they had clearly ceased (unless they are all totally incompetent; they also failed to provide key evidence to the forensics !)..... Someone in our country, called Tommy Robinson, who speaking out about rape grooming gangs, told of a man whose DNA was found in the baby after raping a girl, but the rapist was let off and the police didnt bother to give any explanation to the girl who was rapes as to why they let him off.... Clearly what we experience are not 'one-offs'. It is a double abuse and violation when you go to those who are paid to protect and they end up protecting the criminals. It's all a fraud. Everything is. Those presenting as protectors are not! I understand how it makes you feel depressed. I like to take a philosophical / spiritual view as clearly true justice from legal people is a fallacy; that my experience came to make me stronger, to see how things really are; to pull back the curtain on the wizard of oz and see him, the big authority, for what he is - a pathetic fraud. Doing this course helped too (pull back the curtain) thesovereignsway.com/. There are four people in my town who i know have done the course and have their own challenges and we meet up regularly. Speak it too, that perhaps is one form of 'justice'. these frauds need to be exposed. This is me kzbin.info/www/bejne/jZbKhnuubtCAias. Good luck Jim