Q: If the (non-lawyer) executor of an estate seems not to be doing enough to complete his duties, what can the heirs do?
My wife is one of six siblings who are heirs to their mother's estate. One of the siblings is the executor. The inventory of assets filed 2 years ago, shows it's worth around $2 million, consisting of a house worth around $1 million and about the same value in cash, in one or more bank accounts, from sale of stocks and bonds. Now, 2 years after the mother's passing, nothing, or not nearly enough, appears to be getting done, and he refuses to give the other heirs reports on his progress. He's living in the house rent-free and nobody knows what he's living on. He's talking about remodeling the house, saying it will double in value, and, it appears, paying for the work out of the cash in the estate with no date set for starting or completion and no cost figures. The heirs need regular reports and, if possible, to set a hard deadline to get it all done. There is serious concern about preserving the estate's value, and some of the heirs have real need for their share.
A:
Unfortunately, this sounds like a situation where the other heirs would significantly benefit from hiring a lawyer. Under RCW 11.68.065, the heirs can ask the court to order the executor to provide a report of the affairs of the estate. Anybody living in a residence owned by an estate needs to pay market rent to the estate. It's reasonable for the executor to remodel the house before sale, but you're right that the work should have started long ago, and ideally (although it may not be enforceable) there should be some degree of communication about that process and the timeliness with the other heirs. RCW 11.68.070 also offers options for how to remove a personal representative.
In short, there are a number of possible ways to put pressure on the executor, and I think it would be a good idea for the other heirs to get a lawyer involved to help navigate that process.
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