Many issues that arise within trust and will disputes are commonly caused by an unfit party placed in charge of executing the testamentary document, also referred to as a trustee or executor. When designating a trustee or executor, it is critical to choose a trustworthy, and dependable person who bear the responsibility of ensuring that the wishes of the decedent are followed through, which also includes the disbursement of assets to beneficiaries. Trustees and executors essentially take on the role of controlling and administering an estate; they are expected to carry out the trust or will, as the decedent would have, and manage/provide pertinent info to beneficiaries. This is commonly why we find that people who intend to defraud an estate go after such positions.
Trustees and executors hold a majority of the power in an estate; they are the ones who are expected to be accountable for proper and honest execution. In turn, they also control the flow of information and details that get communicated to the beneficiaries. And so, it is obvious why administration is highly dependent on the level of hostility of the trustee or executor. We find that a majority of trust and will disputes are caused by a hostile trustee who fails to meet his or her fiduciary duties, specifically the duty to communicate and provide information in response to reasonable requests. Control and responsibility can go to people’s heads, and we often find that most trustees and executors who do abuse their power, do so because they believe a trusteeship or executorship grants them the right to do so.
If you believe a trustee or executor is abusing their power, and therefore jeopardizing an estate, please reach out to The Inheritance Recovery Attorneys. Our firm offers free consultations and specializes in trust and will litigation. We are here to help you protect your inheritance and make sure trustees and executors are held accountable.