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    Home / What if an Executor of a Will Makes a Mistake?

    What if an Executor of a Will Makes a Mistake?

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    The executor of a will has a lot of important responsibilities during the probate process. Unfortunately, there are circumstances where executors are not able to fulfill those responsibilities in an appropriate way. If this happens, it can be unfortunate for everyone involved. Executors should try to do everything they can to avoid errors and to fulfill their duties so they can honor the wishes of the decedent to protect an inheritance for heirs or beneficiaries through the probate process. Sinclair Prosser Gasior provides assistance to executors to help avoid mistakes during the process.

    An executor has to manage estate assets, handle accounting issues, comply with tax laws, provide notice to interested persons and creditors, and facilitate the transfer of assets. There are many potential points during the process in which errors could be made, including when filing for probate.

    If mistakes happen, the next steps depend upon the specifics of what occurred. Ideally, the executor can correct whatever has gone wrong and everyone can move forward. Unfortunately, this does not always happen.

    If an executor of a will is unable to fulfill their role during the process and the beneficiaries are concerned about the fitness of the executor, they can petition for removal of the executor. Also, the court can decide if an appointed executor is not able to handle required tasks.

    Sometimes, the actions taken by an executor go beyond just a simple mistake. An executor could be grossly negligent in fulfilling obligations or could intentionally do something wrong. If this happens, this could be viewed as a breach of fiduciary duty, which may result in legal action taken against an executor.

    An executor of a will can avoid mistakes during the probate process by getting the right legal advice from a trust and estates attorney. Sinclair Prosser Gasior is experienced with Maryland probate and can take care of the technical legal issues involved during the process. We can also provide help with issues like filing and paying estate taxes, and taking care of the transfer of assets.

    Alexander M. Pagnotta, Estate Planning Attorney
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