Signs A Personal Representative Is Not Doing Their Job

After someone dies in California, their estate should be handled by a personal representative. A personal representative’s name can be found in a decedent’s Will. When a personal representative is named in a Will, they are referred to as an executor. Suppose there is no Will, or the Will does not name an executor. In such a case, the court appoints a personal representative. A personal representative is legally obligated to act in the best interest of the decedent’s estate and beneficiaries. Often, personal representatives live up to this expectation. However, some personal representatives do not do their job well. Sometimes, failing to do the job well is intentional, and other times, it is unintentional. Either way, if the personal representative of your loved one’s estate is not doing their job well, you need to act fast.

So, how do you know a personal representative is not doing their job? If you have noticed any of the following signs, it is highly likely that the personal representative of your loved one’s estate is not doing their job well.

Lack of Communication

A personal representative is required to communicate with beneficiaries during the probate process. For instance, a personal representative is required to provide beneficiaries with annual accounting statements. The personal representative is also required to provide beneficiaries with, among other pieces of information, information about the value of the estate and costs associated with managing the decedent’s estate. If you are a beneficiary and the personal representative is not providing you with pertinent information, it might be a sign that they are not doing their job correctly.

Missing Important Deadlines

During the probate process, there are various important deadlines that the personal representative is required to meet. For example, a personal representative should send notices to beneficiaries within a specific amount of time. There are also deadlines for filing estate taxes. If the personal representative of your loved one’s estate has missed several important deadlines, it is a sign they are not doing their job well.

Going Against the Terms of the Will

Personal representatives are required to follow the terms of the Will. If the personal representative is going against the terms of your loved one’s Will, it is a sign that they are not doing their job right. Indeed, Wills sometimes contain words that are difficult to interpret. Nevertheless, personal representatives are required to seek clarification if a provision in a Will seems unclear. Sometimes, personal representatives outright go against the terms of a Will even when the instructions are clear.

Not Maintaining the Decedent’s Property

Not only is the personal representative required to communicate with beneficiaries, meet deadlines, and go by the terms of the Will. But they are also required to properly maintain the decedent’s property. If, for example, your loved one’s house is falling apart, and arrangements have not been made to rectify the situation, it may be a sign that the personal representative is not doing their job well.

Contact a California Probate Lawyer

If you believe the personal representative of your loved one’s estate is not doing their job right, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Source:

law.cornell.edu/wex/personal_representative