What is an executor’s duty for communicating with the heirs equally and in a timely manner?

UPDATED: Oct 11, 2011

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What is an executor’s duty for communicating with the heirs equally and in a timely manner?

My dad died leaving an estate to 5 siblings. After an argument with my brother (executor) he has ceased communication with me. There may a question of competency with him. Will was made 17 years ago. Other siblingsjust want to get estate settled quickly. 1 brother has called me 2x with info as I live out of state. I just want to be informed about the estate status and personal property distribution. What are my rights?

Asked on October 11, 2011 under Estate Planning, Minnesota


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation as it is. There are a few different issue here that need to be addressed.  The most important I think is that you alluded to the competency of your sibling who is acting in the capacity of executor of the estate.   This is very serious and should not be overlooked just to get the estate probated quickly.  As an executor he has the obligation to act impartially to all. Now, as a beneficiary you have a right to an accounting of the estate which includes the distribution of the assets bequeathed - willed - to you.  Is there an attorney helping to probate the estate?  Then I think that it may be in your best interests to hire some one to inquire on your behalf.  You always have the right to go down to the court house and take a look at the Will and what has been filed.  It is a public record. Good luck.

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