Understanding the issue
Personal representatives administer an estate and owe duties to the estate and its beneficiaries. Beneficiaries, in turn, may have an interest in receiving information about the estate and in proper, timely administration.
Understanding these roles helps reduce confusion and conflict during what is often a difficult period for families.
Common situations that may require legal advice
- You are uncertain about your duties as executor
- You are a beneficiary seeking information about an estate
- Communication between the executor and family has broken down
- Questions arise about fees, expenses, or timing
- An executor wishes to resign or be replaced
General procedural considerations
- 1.Clarifying each party's role and responsibilities
- 2.Reviewing records and estate communications
- 3.Understanding notice and accounting requirements
- 4.Exploring resolution options when concerns arise
The interests of executors, beneficiaries, and other parties can conflict. Separate legal representation may be appropriate for each party.