Do all beneficiaries have to agree?

Usually beneficiaries will be asked to agree to the executor’s accounting before receiving their final share of the estate. If beneficiaries do not agree with the accounting, they can force the executor to pass the accounts to the court. At this point, the court can also be asked to confirm the executor’s compensation.

What happens when beneficiaries disagree?

An executor can override a beneficiary if they need to do so to follow the terms of the will. If a dispute arises, then an executor should petition the court for instructions, and that court order will then control how the issue is resolved.

What happens if two executors disagree?

When multiple Executors act together on the administration of an Estate, disagreements can sometimes arise. If an agreement cannot be reached through negotiations, and a Grant of Representation has already been issued by the Probate Court, then it is possible for one Executor to apply to the Court to remove the other.

What happens when a sibling disputes a will?

If your sibling actually contests the will or codicil and the court agrees that the will or codicil is invalid, or that parts of it are invalid, there are several outcomes. The entire will or codicil can be thrown out. If there is an earlier will in existence, that will could be put into place instead.

Can a beneficiary ask to see bank statements?

As a beneficiary you are entitled to information regarding the trust assets and the status of the trust administration from the trustee. You are entitled to bank statements, receipts, invoices and any other information related to the trust. Be sure to ask for information in writing. The request should be in writing.

How do you deal with an uncooperative executor?

Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.

What to do when executors Cannot agree?

If neither executor wants to be the one to step away from the role, then it would be time to turn to legal advice. An executor can apply to the Probate Court to have another executor removed. The court will examine the situation and decide on what is best for the estate, and then remove one of the executors.

What happens when heirs and beneficiaries dispute over assets?

Even the best of relationships might suffer strain when heirs and beneficiaries disagree about how to deal with certain assets. Individual state laws are set up to accommodate these disputes, but exactly how the law accomplishes this may depend on the terms of the deceased’s will, or whether he even left a will at all.

Can a disgruntled heir contest a will?

The only option a disgruntled heir might have is to prove that the testator wasn’t of sound mind when she wrote the will, or some other circumstance existed that would require the court to dismiss it as invalid. This is a will contest and it might be a hard legal battle to win.

What happens when siblings don’t get along after death?

If siblings and heirs don’t get along when their loved one is alive, it’s usually unlikely that their relationship will improve after his death. Even the best of relationships might suffer strain when heirs and beneficiaries disagree about how to deal with certain assets.

Is an estate agreement binding against the executor of an estate?

In that instance, the agreement may be binding against the executor and enforceable by the beneficiaries of the estate. However, the beneficiaries would have to pursue that claim on their own with their own attorney.