One of the main reasons people make use of estate planning options like writing a last will and testament is to ensure that their loved ones take possession of their assets after they pass on.
Issues may arise, however, if the personal representative of the estate, also known as the executor of a will, doesn’t follow their fiduciary duty and tries to override the terms of the will.
In some cases, it may be the beneficiaries who aren’t acting in the estate’s best interests. Their behavior can make the executor’s job much more difficult or even impossible. Can an executor override a beneficiary?
If you’re facing problems with the executor of a loved one’s estate or you’re an executor dealing with difficult beneficiaries, it’s essential to turn to a qualified Orlando estate planning attorney. The probate lawyers at William C. Roof Law Group can help protect your loved one’s final wishes.
How to Handle Executor Problems With Beneficiaries
The executor of an estate is the person who was either named in the will or appointed by the probate court to handle the administration of the estate. They’re often one of the only sources of information regarding the status of the estate that the beneficiaries have. Unfortunately, it’s not uncommon for estate beneficiaries to be kept out of the loop.
If the will has already gone through probate and the beneficiaries haven’t received word from the executor, this can be a serious issue. Equally complicated, however, is if the beneficiaries keep pestering the executor for their funds when the executor can’t do anything to speed up the process.
No matter what the conflict is, the best option is for all interested parties to reach out to a probate attorney.
An attorney can help establish whether there’s a conflict of interest or the executor is failing to comply with their duty, which could constitute executor misconduct. If that’s the case, you might have the option to sue.
By the same token, if the beneficiaries are doing anything that goes against the provisions of the will, the executor also has the right to take legal action.
What Executors Can and Cannot Do
The named executor has a fiduciary duty to honor the decedent’s will and act in the best interests of the beneficiaries. Some of an executor’s duties include:
- Locating the original will
- Initiating the probate process
- Sending notices to interested parties, including heirs
- Identifying the deceased person’s assets
- Paying the decedent’s debts from the estate
- Managing the distribution of assets
- Closing the estate
The executor is obligated to do what’s best for the estate and its beneficiaries. That doesn’t mean they have free rein, however.
An executor can’t do anything to carry out any part of the will before the testator (the person who wrote the will) dies. They also can’t sign the will on behalf of the testator or take any action to manage the estate before the court officially appoints them.
Once they take control of the estate assets, they can’t sell them at lower than market value without the express consent of the beneficiaries. Moreover, they can’t change the terms of the will or prevent heirs or beneficiaries from contesting it.
An executor also can’t change the shares of property that the beneficiary receives or interpret vague language in the will — they must stick to exactly what the will says.
For example, if the will states that a piece of property should go to a testator’s daughter, but the person had two daughters, one being from a previous marriage, the executor can’t take it upon themselves to determine which daughter is indicated. They must let the court decide.
Ways an Executor Can Override a Beneficiary
Can an executor override a beneficiary? In some instances, yes.
If the beneficiary of the will is going against the best interests of the estate, the executor can take the problem to court. As long as the executor’s decisions and actions are consistent with the decedent’s will or any probate court orders, they have the authority to override a beneficiary.
For example, imagine that a testator has two children to whom they left equal shares of all their property except for a vacation home. Disputes could arise if the testator didn’t specify how the vacation property should be divided. This can lead the executor to decide to sell the property and divide the money between the two beneficiaries.
Selling the home may not be what the beneficiaries want, but it may be the only way to resolve the problem while respecting the decedent’s will and doing what’s best for the estate and its beneficiaries.
Actions an Executor Cannot Take Without Prior Approval
There are a number of things an executor can’t do without receiving court approval. One of them is to pay their fees out of the estate assets.
If state law permits the executor to claim payment, they can’t pay themselves more than what the law allows. In the same vein, they can’t hire friends or family to work on the estate’s behalf at inflated rates or use estate funds for personal gain.
The executor also can’t make drastic changes to estate assets without approval. While it’s sometimes necessary to sell property to pay outstanding taxes or debts, such decisions must be made according to the rules of probate. The executor can’t liquidate a business, alter real estate holdings, or terminate a lease with the court’s authorization.
Another limitation executors face is the inability to ignore or change any of the will’s provisions. No matter how impractical or unfair the testator’s wishes are, only the court can decide whether to modify or invalidate them.
Beneficiaries who want to challenge any aspect of the will have to petition the probate court rather than relying on the executor to make changes for them. That’s the case even if all beneficiaries agree.
In some cases, there might be contradictory beneficiary rights in the will. Even if the solution seems simple, the executor can’t implement it themselves. Once again, they must turn to the court.
How an Estate Planning Attorney Can Help
Whether you’re an executor struggling with difficult beneficiaries or a beneficiary accusing an executor of misconduct, it’s important to work with an estate planning attorney to resolve the situation.
If misconduct has taken place, a lawyer can help you address and remedy it. That could mean going to probate court and petitioning to replace the executor. In some instances, it may also be possible to sue.
A probate attorney can also help if you’re an executor and the deceased’s beneficiaries are acting against the best interests of the estate. You may have the right to sue on behalf of the estate, but you never want to tackle these issues without shrewd legal counsel.
Consult an Experienced Orlando Estate Planning Lawyer Today
Ensuring that a loved one’s final wishes are respected is a complex and delicate process that requires cooperation between reliable executors and patient beneficiaries. Unfortunately, such cooperation isn’t always possible. An estate planning attorney can help clear up disputes and make the process easier for everyone.
William C. Roof Law Group has experience representing clients in probate court. We provide comprehensive estate planning services to clients throughout central Florida, from establishing wills and trusts to addressing executor misconduct.
Contact our Orlando estate planning lawyers today to get the legal advice you need.
The contents of this article are not comprehensive, they provide only a general overview of the subject matter discussed. This article does not establish a client-attorney relationship with the reader, and no legal decisions should be made based on the article’s contents. Because every legal matter arises under unique facts specific to the client, no legal decision should be made without consulting a licensed attorney.