Executor's Rights

[HLSteed]

What is the name of your state (only U.S. law)? Texas
I have been given the burdonsome task of Executor for my father's will. I have learned along the way that every single step I make must be made with extreme care and extra thought given to it. Now that I am just about at the end of finishing off all business, it turns out all I have done was for naught.

One of the 5 of us beneficiaries has continued to be uncooperative, so much so to the point that now it looks as if I am going to have to force the court to order a discharge (I think that's the right verbage). I want to know; why can I not make her be solely responsible for the court costs, extra legal fees and administrative fees? Everyone else has agreed to the terms, finally, but just because she can she chooses to be difficult. There is no "no contest" clause in the will, unfortunately.

Surely, the beneficiaries should be held to a standard just as the executor is, otherwise, what's the point, right? Please, I would love to have something to go by here.

 

[anteater]

I know of no state that requires a beneficiary to be "cooperative." And, as a general statement since you give no specifics, I would say that you have no basis for some sort of "surcharge" against the beneficiary.

A "no contest" clause in the will - even if enforceable in Texas - would not have any bearing on a beneficiary forcing you to jump through the hoops while administering the estate.

 

[HLSteed]

Wow. Must be nice to be the beneficiary only then. thanks.

 

[tranquility]

I agree with anteater, a beneficiary has no duty to cooperate with the estate and there is no legal reason to specially charge the beneficiary for that lack of cooperation.

Being an executor is time-consuming and can be difficult for any of a number of reasons. The hassle deserves pay, even though many family members who do the service waive their fee. Even with pay, it is rarely free money.

 

[curb1]

HLSteed,

What is the point of contention? Is there a valid reason for this beneficiary being difficult? Maybe a different approach would help.

 

[anteater]

HLSteed,

What is the point of contention? Is there a valid reason for this beneficiary being difficult? Maybe a different approach would help.

My guess is that Texas offers two ways of "closing" the probate case: 1) a settlement agreement wherein the beneficiaries sign off that they are satisfied with the administration and agree to release the executor from his/her responsibilities; or 2) a more formal submission to the court for audit and a court order releasing the executor.

Apparently, one of the beneficiaries is being a PITA and refuses the easier and less expensive #1. But that is the beneficiary's prerogative. Does not really need to be a valid reason.

 

[HLSteed]

Curb1 - point of contention really is just because she wants to. It's the only way she can feel a sense of control. It's been a very long year and a half for all; I finally had to get a lawyer in order to give my actions a little more validation based on the will and the law. She still just doesn't like it.

Anteater - you are exactly right on both counts - and the PITA bit. It appears we will be heading towards your #2 even as I type this. It's unfortunate, however, that there are no laws that protect beneficiaries from beneficiaries, nor Executors from beneficiaries. It's all about "getting the Executor". It almost seems unheard of for most that an Executor may actually be doing things,.....dare I say it?....., correctly as per the law and as is outlined in the will and fairly. What a shame.

 

[anteater]

Anteater - you are exactly right on both counts - and the PITA bit. It appears we will be heading towards your #2 even as I type this. It's unfortunate, however, that there are no laws that protect beneficiaries from beneficiaries, nor Executors from beneficiaries. It's all about "getting the Executor". It almost seems unheard of for most that an Executor may actually be doing things,.....dare I say it?....., correctly as per the law and as is outlined in the will and fairly. What a shame.

About all you can do is shrug and plow onward.

On the brighter side... Maybe it will help the beneficiary get past whatever grievances and grudges that he/she has nurtured over the years.