O.C.G.A. § 53-7-1 provides that the executor has a fiduciary duty to administer the estate “expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances.” The executor is required to follow the terms of the will, maintain good records, pay all debts of the estate, and then make distributions to beneficiaries. If the executor fails to perform those duties, a beneficiary may seek to have the executor removed.
What are sufficient grounds to have an executor removed? Certain actions—such as stealing estate assets, failing to pay debts or taxes owed, or failing to make distributions as required by the will—are clear violations of an executor’s fiduciary duty to the beneficiaries. In those cases, a beneficiary may seek to have the executor removed and to recover damages caused by the executor’s misdeeds. Additionally, the court may reduce or deny compensation to the executor.
But what about actions that are not so clear? An executor may seem to be living rent-free in the decedent’s home. Should he pay rent, or is he on-site while making needed repairs to the home so he can sell it for a much higher value? An executor may be ignoring a beneficiary’s questions about estate assets. Has he had sufficient time to gather all the assets? The law gives an executor a minimum of six months to do so.
If an executor acts in ways that are concerning to beneficiaries, he may have a malicious intent, he may be unclear about his responsibilities, or the beneficiaries may misunderstand the required estate administration procedures. Whatever the circumstances, the executor and the beneficiaries need good legal counsel so that all parties can be confident that the estate is being administered properly. If you are the beneficiary of a will who is concerned about an executor’s actions, or if you are an executor being questioned by a beneficiary, please contact Baumbusch Law for advice.