An executor is responsible for managing a decedent’s estate and distributing it according to the will. That role requires them to act honestly and put the beneficiaries’ interests above their own, also known as a fiduciary duty. When an executor misuses that authority, it is a legal breach. The consequences can be serious for everyone who stands to inherit. New York’s Surrogate’s Court gives beneficiaries the right to hold them accountable.
Common examples of executor breach
If you suspect something is wrong, these are the most common forms a breach can take:
- Self-dealing: An executor who buys estate property at below-market value, or hires their own company to perform estate repairs at inflated rates, is profiting at the estate’s expense.
- Neglect: An executor who lets homeowner’s insurance lapse or misses tax deadlines is failing their basic duty to protect the estate.
- Refusing to communicate: An executor who stonewalls reasonable requests for information, or refuses to disclose what the estate holds, is violating their basic duty of transparency.
Beneficiaries who encounter any of these situations have grounds to seek relief through New York’s Surrogate’s Court.
How New York’s Surrogate’s Court can help
New York’s Surrogate’s Court has broad authority to step in and protect beneficiaries when estate management goes wrong. When informal requests fail, beneficiaries often turn to the court to order a formal accounting. That order requires the executor to put every financial transaction on record.
Beneficiaries can then review the full picture of how the estate has been managed. They can file formal objections to anything that looks improper. They can also question the executor under oath.
If the court finds the executor mismanaged or stole funds, it can impose a surcharge. A surcharge is a personal financial judgment that requires the executor to cover those losses personally. For more serious violations, such as active theft or ignoring a court order, beneficiaries can petition to have the executor removed.
Protect your rights as a beneficiary
Every case is different, and how any of this applies to your situation depends on the specific facts involved. If something about how an estate is being handled does not sit right with you, you do not have to figure it out alone. Legal guidance is available when you are ready to take that next step.