What to Do if Your Executor Is Refusing to Cooperate in Tampa
If your loved one passed away, you might have various interactions with the executor of their Will. At first, you might not be familiar with the roles and responsibilities of an executor. However, it shouldn’t take you very long to identify an uncooperative, uncommunicative, or irresponsible executor. What can you do if your executor refuses to help your family during probate in Tampa?
Understanding the Roles and Responsibilities of an Executor in Florida
In Florida, an executor is known as a “personal representative.” According to the Florida Bar, this individual has a legal duty to administer your loved one’s estate. This involves various tasks, including identifying assets, handling debts, paying taxes, distributing assets to beneficiaries, and closing the estate. Executors must also hire appropriate professionals to handle tasks they are not able or qualified to complete. Finally, they must communicate with beneficiaries and keep these individuals updated about the probate process.
Can an Executor Refuse to Carry Out Their Duties?
Although executors face various responsibilities, they can also choose to formally “resign.” They may also decline this role before being appointed by the probate court. Although this might be frustrating for beneficiaries, there is really nothing stopping an executor from stepping down. They are fully entitled to renounce their rights, but they must do so in a proper manner.
This involves signing certain forms and filing them with the probate court. In some cases, the executor must show that they have a valid reason for resigning. The probate court may refuse to allow an executor to resign, especially if this resignation would not serve the best interests of the estate.
What if My Executor Is Causing Unnecessary Delays?
If your executor seems to be delaying proceedings in an unreasonable manner, it may be possible to sue them. For example, they may fail to distribute assets or pay creditors. They might have failed to make any progress through probate court for months on end. In this situation, you might want to speak with your attorney to learn more about your options.
What if My Executor Is Being Uncommunicative?
If your executor is ignoring you completely, you might have grounds to take legal action. For example, you might be a beneficiary who stands to inherit a considerable sum from the estate. You might email, call, and text the beneficiary for updates on their progress. If the executor ignores these communications and fails to respond, you could potentially take legal action – and this may force them to respond.
Can a Probate Attorney in Tampa Help My Family?
A probate attorney in Tampa may be able to help if you’re struggling with an uncooperative executor. If this individual is failing to carry out their responsibilities, it may be necessary to replace them with someone who takes this role more seriously. In certain situations, it may also be possible to sue your executor. To learn more about your options, be sure to speak with an experienced probate lawyer in Tampa at Knudsen Law.
Source:
floridabar.org/public/consumer/pamphlet026/#:~:text=The%20term%20%E2%80%9Cpersonal%20representative%E2%80%9D%20is,estate%20according%20to%20Florida%20law.
