When a loved one appoints an executor to manage their estate, they often expect that person to act with integrity and respect. What if you suspect the executor is misusing their power and putting the estate’s assets at risk? This can be a difficult position to be in, but remember that you are not without legal recourse.
Mismanagement means tainting your loved one’s legacy
Signs of executor mismanagement include:
- Lack of communication or transparency
- Unexplained delays in distributing assets
- Inaccurate or missing financial records
- Personal use of estate assets by the executor
- Conflicts of interest or favoritism
Estate executors are bound by a fiduciary duty, meaning they must act in the best interests of the beneficiaries and the estate. Beneficiaries can take legal action when an executor fails to fulfill this duty.
Swift legal action is crucial
Arizona law provides several avenues for addressing executor misconduct:
- Petition for removal: You can ask the court to remove the executor if they are not fulfilling their duties.
- Surcharge action: This legal action seeks to recover losses caused by the executor’s mismanagement.
- Accounting demand: You can request a detailed accounting of all estate transactions.
- Objection to final accounting: If you disagree with the executor’s final report, you can file an objection with the court.
Executors must follow specific rules and timelines set by Arizona probate law. For example, they must file an inventory of estate assets within 90 days of appointment. Failure to meet these deadlines can be grounds for legal action.
While it is possible to handle some aspects of estate disputes on your own, the legal process can be intricate. Working with an experienced Arizona attorney is advisable. This way, you can protect your rights as a beneficiary and ensure your loved one’s legacy continues the way they intended it to be.
