What are a beneficiary’s rights aginst an uncooperative executor?

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What are a beneficiary’s rights aginst an uncooperative executor?

Both of my grandparents past away within the last 9 years. My uncle who happens to be a lawyer himself has taken over. I am not sure if he is the executor but the wills are not filled on public record. Some family members have received their money from the inheritance while some have not. Also, he has used some of the money to invest in a search that flopped without any one’s permission. He has spent some of it to fix his house and buy a boat. He has not sent any one a copy of the Will. My sister and I were supposed to get our inheritance when we turned 35. I am almost 39. I have been calling him and leaving him messages but he won’t call me back. What do I do?

Asked on June 5, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to find an attorney in the state in which the Probate should have been filed and have him or her help you with this.  It sounds as if there has been a breach of fiduciary duty and he needs to be held accountable. The problem is that he has not been appointed as the fiduciary yet.  So what some one may have to do is to be appointed now as the Personal Representative of the estate and go after him for dissipating assets.  Good luck.


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