It started with silence.
After her father passed away, Emily expected to receive updates about the estate since her father’s will named her older brother, Tom, as executor. However, months passed with no word, no inventory, no timeline and no explanation. Her emails went unanswered and her calls were ignored. The more time went by, the more she worried: Was something wrong? Was he hiding something?
Eventually, Emily hired a lawyer.
This kind of situation is all too common. Sometimes, the silence stems from stress or overwhelm — being an executor is no small job. Other times, unfortunately, it signals that something is genuinely wrong. But often, it’s simply a lack of communication that spirals into suspicion and, ultimately, legal action.
Executors: Why Communication Matters
When you’re named executor of an estate, you’re taking on a legal and fiduciary responsibility that includes managing the estate’s assets in the beneficiaries’ best interests. That includes keeping them informed.
Many executors underestimate the importance of regular communication. Maybe they’re unsure of the process, aren’t ready to provide all the answers or feel pressured by beneficiaries asking for frequent updates. Some may get defensive or shut down entirely, especially if they feel they’re being harassed or held to unrealistic expectations.
But here’s the truth: Silence only breeds mistrust.
Whether you’re an executor or a beneficiary, it helps to understand everyone’s rights and responsibilities.
Beneficiaries: Know Your Rights
As a beneficiary, you have the right to request information about the estate’s administration, including an accounting of the assets and expenses. If it’s been more than a year since the executor was appointed and you still haven’t received any communication or formal accounting, you may have the right to petition the court to order the executor to provide one.
But before going that route, it’s wise to try a softer approach. Executors who aren’t represented by an attorney may not know how to respond, or even that they should respond. Reaching out politely and giving them the benefit of the doubt can go a long way.
Executors: Best Practices for Keeping Beneficiaries Informed
If you’re an executor, here are a few ways to stay on the right track and avoid unnecessary legal complications:
- Be Transparent: Even if there’s no major update, letting beneficiaries know what’s happening, or that things are still in progress, builds trust.
- Document Everything: Keep organized records of all estate transactions and communications. These will help you if questions or disputes arise.
- Set Expectations: Let beneficiaries know that probate can take time and explain key milestones.
- Seek Legal Guidance: Even if you’re not planning to hire an attorney for the full administration process, a consultation can help you understand your duties and avoid mistakes.
- Don’t Take it Personally: Questions and concerns from beneficiaries aren’t necessarily accusations. Often, they just want peace of mind.
When Silence Leads to Court
In some cases, the lack of communication goes beyond oversight or overwhelm. If an executor continues to ignore reasonable requests for information, the court can step in. Beneficiaries have legal remedies, including requesting an informal or formal accounting or, in extreme cases, asking the court to remove the executor.
Transparency from the start can prevent these escalations. Executors who respond promptly and respectfully, no matter how small the update, can save themselves, and everyone else, time, stress and legal fees.
If you’re serving as an executor and unsure of your responsibilities, or if you’re a beneficiary who feels left in the dark, TREEL’s experienced estate law attorneys can provide guidance, clarity and legal support to ensure the estate is handled properly and transparently. Contact us today with your questions or concerns.
