Legal Question in Wills and Trusts in Connecticut
executor of an estate
An estate has the three adult children of the deceased as beneficiaries of the will; the middle child has been designated executor. The probate court hearing is next week. The executor- designate is living in the home of the deceased, has been secretive or nonresponsive about questions from her siblings about questions regarding seeing an attorney, realtor, etc. In brief, they do not trust her. She did not tell the truth regarding her contact with her mother's physician after the death concerning death benefits. There seems to be a conflcit of interest in timely disposal of the estate, given that the executor-designate lives in the deceased's house. Can the other two siblings request another executor, and if so, is doing so before the court appoints the designated sibling better and easier than waiting until later?
1 Answer from Attorneys
Re: executor of an estate
For what purpose is the court hearing next week? The admission of the will and appointment of the fiduciary? Or has the estate already been opened? If it's the initial hearing, it is unlikely that the court would appoint someone else; the decedent's choice is usually honored unless and until the chosen one screws up.
That's not to say you can't get the probate judge to admonish the executor that he has certain obligations, such as keeping the heirs reasonably informed of the progress of the estate and paying fair rent to the estate if he's going to continue to live in the house. Be sure to bring up those issues at the hearing, though, so the judge will read the riot act and can be reminded later if the fiduciary fails to do what he's supposed to.
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