When a loved one dies, the executor of an estate holds significant legal power and responsibility. They are entrusted with carrying out the decedent’s wishes, protecting the estate’s value, and acting in the best interest of all beneficiaries. But what happens when that trust is broken? In these situations, it’s essential to know that you have rights. Executor misconduct can take many forms, from neglect to outright fraud, and understanding common examples of executor misconduct is crucial to detecting these transgressions and protecting these rights.
If you’re a beneficiary and suspect the executor is not doing their job, or worse, abusing their position for their gain, it’s important to know what counts as misconduct under California law and how you can protect your inheritance. Here’s what you should know.
What Are Examples of Executor Misconduct?
Executor misconduct is more common than many beneficiaries realize, and it doesn’t always involve blatant theft or fraud. Executor misconduct is often subtle and manifests in delays, lack of communication, or decisions that raise red flags.
In California, even small breaches of fiduciary duty can have major legal consequences. Here are common examples of executor misconduct and how to prove them.
Related Article: An Overview of Probate Beneficiary Rights
What Are Examples of Executor Misconduct?
Under the California Probate Code, executors are fiduciaries. That means they have a legal duty to act with honesty, loyalty, care, and in the best interest of the estate and beneficiaries.
Misconduct occurs when they violate that duty, either through negligence or intentional wrongdoing. Common examples of executor misconduct include:
- Withholding information from beneficiaries and failing to communicate.
- Failing to provide a proper accounting of estate assets and debts.
- Self-dealing, such as using estate assets for personal gain.
- Delaying distributions without valid legal reasons.
- Mismanaging assets, such as allowing real estate to fall into disrepair.
- Failing to pay taxes or debts, which can result in penalties or lawsuits against the estate.
- Ignoring court orders or probate deadlines.
- Favoring one beneficiary over another when the will does not allow it.
- Selling assets below market value to family or friends, which is a conflict of interest.
- Removing or concealing assets from the estate inventory.
“Misconduct isn’t always obvious; sometimes it takes shape as silence, delay, or avoidance, but behind that can be serious legal violations,” said Nicholas D. Porrazzo, a Partner at Gokal Law Group and an expert in trust and probate and trust litigation who was a Super Lawyers Southern California Rising Star 2024. “That’s why it’s critical for beneficiaries to speak up as soon as something feels off – you have to advocate for yourself,” he said.
Related Article: What is Probate Fraud?
How to Prove Executor Misconduct
Proving misconduct starts with documentation. If you suspect an executor is mishandling the estate, you need to gather evidence that shows they’re violating their fiduciary duties and work with an attorney as soon as possible, as there is a statute of limitations in place.
Here’s how to prove executor misconduct in California:
- Carefully read the will. While an executor does have a responsibility to act in the best interest of beneficiaries, their obligation is, first and foremost, to the estate. The will provides a roadmap to how they must manage it.
- Request a formal accounting. Beneficiaries have the right to see how the estate is being managed, including income, expenses, distributions, and remaining assets – carefully review this with an attorney to ensure there are no discrepancies and nothing’s missing.
- Keep records of all communications (emails, texts, letters, and missed calls) where the executor failed to provide information or acted evasively.
- Monitor probate filings. If the executor fails to meet court deadlines or does not submit required documents, that can signal mismanagement.
- Identify conflicts of interest. If the executor is also a beneficiary and appears to be benefiting unfairly, this may be cause for concern.
- Work with a probate attorney. A skilled attorney can subpoena documents, investigate transactions, file petitions with the court, build a case, and represent you if litigation is necessary to hold the executor accountable and defend your inheritance.
“It’s important to understand that acting quickly when you suspect an executor has breached their fiduciary duties is important,” said Porrazzo. “Our job is to bring those breaches to light and restore fairness to the process,” he said.
Related Article: How Do You Prove a Breach of Fiduciary Duty?
Enforce Your Rights if You Are Dealing with One of the Examples of Executor Misconduct
Executor misconduct can derail the probate process, jeopardize inheritances, and create lasting conflict among grieving families. At Gokal Law Group, we help beneficiaries hold executors accountable, whether by forcing compliance, recovering misappropriated assets, or petitioning for removal. If you suspect any form of these examples of executor misconduct, don’t wait. The longer you delay, the more damage can be done to the estate and to your loved one’s legacy.
Contact us today to schedule a consultation. Our probate litigation attorneys will evaluate your case, explain your options, and help you take swift, strategic legal action.
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