Estate Trustee Inaction

Dealing with estate trustee inaction can be daunting. Often the person designated in the last Will of the deceased as executor simply fails to do anything or respond to any correspondence or demands.

We believe that it is rarely helpful to engage in a “blame game”, finding fault with the trustee. It is much more useful to simply force action, and in particular, if the executor cannot or will not act, to have a qualified independent third party take over.

The causes of inaction

Despite what the siblings of the executor may believe, executor inaction is rarely caused by the conscious evil decisions of the executor who intends to inflict maximum harm on other beneficiaries of the estate. Much more often it is caused by some combination of mental and financial health struggles. These include –

a) inability of the executor to make any decisions;

b) inability of the executor to move out of the house of the deceased;

c) financial dependence of the executor on the estate and/or house of the deceased;

d) inability to complete the may steps required to administer an estate, and especially and inability to prepare and submit tax returns, and clear out and sell the house.

Getting results

We strongly believe that there are three key considerations to solving executor inaction in a reasonable time at reasonable cost. They are –

a) do not waste energy ‘blaming’ the executor’.

b) do not waste time or energy trying to get the executor to change their ways or suddenly administer the estate properly.

c) do not seek to replace the executor with a family member who is in direct conflict with the executor.

d) move as quickly as possible to have the estate administered by a qualified independent third party who has the experience and skills necessary to administer the estate in a reasonable time at reasonable cost.

We have significant experience with executor-inaction cases. Contact us to discuss your situation.