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When Probate Goes Wrong

When a person passes away, family members unfamiliar with the legal system can suddenly be thrust into the middle of an unfamiliar whirlwind.  Many times, that whirlwind fizzles into nothing, and the probate process ends uneventfully.  Occasionally, however, the person in charge of the estate ignores the legal requirements of their position, and probate proceedings turn into vindictive, spiteful nightmares.

Undertaking the job of an executor of a will requires a person to faithfully carry out the wishes of the deceased person as expressed through their last will and testament.  Many of our clients express concern that the person named as executor has unbridled discretion to do as they please.  Fortunately, this is not true.  The executor must fulfill several legal duties designed to ensure fair dealings and honesty.

The passing of a loved one is a difficult time for families, and it can be made much worse by the unethical or negligent conduct of an executor.  Such conduct can involve the failure to transfer property as directed by a will, the failure to preserve assets, the draining of bank accounts, the failure to keep beneficiaries informed, and the blatant failure to follow the law.

If you or someone you know is needlessly suffering at the hands of an executor, please contact our office.  We find many of our clients simply do not know where to start, and the hurdles seem insurmountable.  We are here to help.  Let the attorneys of Anderson & Small guide you and protect your rights.