Q: My father died May 2019. He appointed his business manager executor but will is not yet filed. What should we do?
Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must pay the other beneficiaries for over a 5 year period, based on valuation on the date of death. We aren't sure what we must do in order to move forward so that we can pay funeral costs and end this ongoing nightmare.
A:
The executor should have handled the funeral expenses.
You can get probate started by submitting a petition to probate the will.
The executor has a fiduciary duty to the heirs. A very high standard. If he breaches this, he can be sued personally. I think you would have to wait until there is evidence of wrongdoing or long delay before you attempt to remove him. Beneficiaries can ask the Executor to account in detail for the estate.
Based on your post, you need an attorney to represent your interests. With assets in play, many attorneys may be able to offer you terms that allow you to pay for representation out of proceeds.
1 user found this answer helpful
A: You should have already hired a probate lawyer with experience not only in probate law, but also business law, to get this moving. The business could easily be run into the ground depriving you and your family of an inheritance. You need to file the will for probate and get the court involved soon.
1 user found this answer helpful
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