Is this driliction of duty on the executors part?

UPDATED: Sep 30, 2022

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Is this driliction of duty on the executors part?

Dad passed away 2 years ago. I was to inherit the house. How do I get the
executor to complete the trust and put the house in my name ? I did everything
the executor wanted me to do. I paid the attorney the balance owing on the trust
and have paid the property taxes and repairs. Should I file a letter of complaint
with the courts?

Asked on August 9, 2017 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't file a "letter of complaint" with the courts: the courts will ignore a letter of complaint since that is not a legal filing. What you do is file a legal action in court requiring the executor to justify his actions (and inaction) and, if he is found to be not obeying the terms of the will or not following his "fiduciary duty" (the duty of loyalty to, and taking reasonable care for the benefit of, any heirs or beneficiaries, imposed on the executor by law), the court can issue an order compelling him to do certain things, or even remove him as executor and appoint someone else in his stead. This is a procedurally complex legal action to file, much more so than, say, a small claims case--retain a probate attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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