The process of managing an estate involves specific tasks that the executor must handle to fulfill the wishes of the deceased. When someone passes away with a will, the estate typically moves through the North Carolina probate court before any property is given to the heirs. The person who wrote the will, known as the testator, picks an executor to lead the administration of these assets.
An executor acts as the manager of the estate and is tasked with giving out property based on the instructions left in the will. Taking on this role is a heavy commitment because the law requires them to act in the interest of the estate and those who will inherit from it. Their job involves finding out what the assets are worth, paying off any valid debts or tax obligations, and making sure the right people receive their inheritance. This position requires someone who is honest and capable of keeping track of various legal and financial requirements throughout the process.
If the person in charge fails to do these things, it often causes long waits and could lead to the loss of money or legal trouble for the estate. When your family is experiencing these issues, you may need to find legal support from our firm, Salines-Mondello Law Firm, to handle the situation. Our founder, Lisa Salines-Mondello, understands how to hold an executor responsible so that we can help your family follow the specific laws of North Carolina during the probate process.
Understanding the duties of an executor in estate administration
There are several legal steps an executor must follow to finish the work of the estate. It is rarely as easy as just giving items away, and the person in charge has a list of specific things they have to do, which might include:
- Making a full list of all the property and money in the estate
- Letting the beneficiaries know that the person has passed away
- Finding any unpaid bills and telling creditors about the death
- Handling money in bank accounts, paying recurring bills, and filing taxes for the estate while it is in probate
- Protecting the estate from people or companies making false claims for money
- Defending the will if someone tries to challenge its validity in court
- Distributing assets to the people named in the will
- Finishing the paperwork to close the estate with the clerk of superior court
Legal options when the executor of the will is not performing required duties
An executor is expected to act with total fairness and put the needs of the beneficiaries before their own personal gain. This is a legal standard that ensures the estate is managed without bias or mistakes. If the person in charge refuses to do what they are supposed to do, we often see that the heirs end up losing a significant portion of their inheritance because of the neglect.
If you are waiting on an inheritance and you see that the executor is not doing their job, we recommend that you do not wait for the situation to fix itself because the financial damage often gets worse over time. Getting help from our Wilmington probate attorneys at Salines-Mondello Law Firm allows us to get a clear look at what is happening with your case. We can look at the facts together and help you find a way to move forward that fits your specific needs.
What to do if the executor of the estate is not performing duties
The law allows for an executor to be held personally responsible if they fail to do their job. If they break the rules of their position, they could face serious legal trouble. When we see a family realize the executor is ignoring their responsibilities, we suggest they talk to us to see what can be done. Our attorneys can start legal proceedings to have the person removed or even sue them for any money they caused the estate to lose. We might take these steps on your behalf:
- Asking the probate court to order the executor to do their job
- Filing a petition to have the executor removed and replaced with someone else while we explain to the judge why they are unfit
- Starting a lawsuit to get back money that was lost because the executor was careless or dishonest
- Looking for signs of criminal activity since executors who ignore their duties might be stealing or committing fraud
If an executor is breaking the law by taking money that does not belong to them, we can show that evidence to a prosecutor to see if criminal charges are appropriate.
Identifying if there can be more than one executor
Most of the time, one person is in charge of everything, but a will can name two or more people to serve together as co-executors.
Sometimes one person is called the primary executor because they are expected to do most of the daily work or make the final decisions. People might choose to have more than one person in charge to share the workload if the estate is very large or to make sure there is someone else ready to step in if one person cannot do it. Even when multiple people are involved, we know they all have the same duty to act fairly and can all be held responsible if something goes wrong with the estate.
Steps to take if the executor does not probate the will
If the person named in the will is not starting the probate process or is ignoring their other responsibilities, you should get in touch with our probate lawyers right away. The longer you wait to address the problem, the harder it becomes for us to find missing money or fix the mistakes that were made.
Executors who do not know how to handle the paperwork are supposed to hire a professional, like us, to help them. Probate is not always easy to understand, especially when the person in charge is not cooperating. You can schedule a talk with our office to go over your concerns regarding your executor.
Get Estate Planning Help Today
If you are worried about what will happen to your inheritance or if the executor is not moving the case forward, our team is here to support you. We at Salines-Mondello Law Firm can answer your questions about probate and estate law in North Carolina. You can reach Lisa Salines-Mondello and our staff at (910) 777-5734 to talk about your situation.
Do not let a neglectful executor ruin the legacy your loved one left behind. Call us today so we can discuss how to protect your interests and the estate.