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Illinois probate law and the probate laws in many other states require families to go through the probate process. They must do this before distributing deceased people’s assets according to the final wishes they left behind in their wills.
Executors are put in charge of carrying out the probate process and dealing with any estate administration issues that arise. These executors are typically trustworthy people who act with deceased people and their beneficiaries in mind. They attempt to make the right moves throughout the probate process.
But what happens if an executor lies? Hopefully, you won’t ever have to find out. However, there is a chance the executor of your loved one’s will could lie during probate and make an already difficult situation even worse for your family.
Learn about the signs that might suggest an executor is lying and discover what beneficiaries should do to combat this problem.
Signs an Executor May Be Lying
The good news is your family shouldn’t have to fret over the possibility of an executor lying during the probate process. The vast majority of executors live up to the lofty standards put in place for those responsible for executing wills.
If, however, your family is ever left asking, “What happens if an executor lies?” in response to an executor’s actions, don’t be afraid to look into them further. Here are signs that an executor may be lying to your family.
Demonstrating a Lack of Communication
One of the main estate administrator responsibilities that an executor takes on is to stay in constant communication with the beneficiaries of a deceased person’s will throughout the probate process. They’ll keep these beneficiaries abreast of the latest developments in their loved one’s probate case.
If this communication ever ceases for any reason, it should serve as a cause for concern. An executor shouldn’t ever demonstrate a failure to communicate. It’s sometimes a sign that they aren’t taking care of their responsibilities.
Struggling To Explain Missing Assets
Even though an executor is the one in charge of managing a deceased person’s estate, this doesn’t mean beneficiaries shouldn’t still monitor it. More specifically, they should keep an eye on the transactions that take place on an executor’s watch and question anything that looks out of the ordinary.
Another red flag involves assets from a deceased person’s estate starting to disappear. If an executor can’t explain where those assets have gone, this could indicate a misappropriation of assets and possibly a breach of fiduciary duty.
Refusing To Share Important Documents
There will be a lot of paperwork involved with the probate process. An executor must keep it all in good order and avoid losing any potentially important documents, such as:
- Bank statements
- Appraisals
- Invoices
If one or two of these documents are lost in the shuffle, it might represent an honest mistake on an executor’s part. But if documents routinely go missing or an executor outright refuses to give beneficiaries access to them, it could be reason enough for your family to wonder, “What happens if an executor lies?”
Experiencing Unexplained Asset Distribution Delays
Unfortunately for beneficiaries, probate doesn’t play out overnight. This process might take months and sometimes more than a year (or even multiple years) to conclude.
If it seems the probate process is dragging on unnecessarily, your family has a right to know why. You should rely on the executor of a loved one’s estate to explain the delayed distribution of assets — and they should deliver an explanation that makes sense.
If they can’t do this, an executor may be lying to you about what’s really going on with the probate process, making it worth your while to investigate.
What Beneficiaries Can Do If an Executor Is Lying
So, what happens if an executor lies? Well, if beneficiaries don’t catch on to their lying quickly enough, nothing. The probate process will continue moving forward as planned without an executor facing any legal recourse.
But if you and your family members notice that something strange is going on and suspect an executor may be lying, you should take steps to remedy the situation. Here are several things you can do:
- Demand better communication from an executor.
- Ask an executor to give beneficiaries detailed information on the whereabouts of assets.
- Push an executor to provide access to important documents.
- File a petition for removal of an executor with a probate court citing a conflict of interest.
- Speak with a probate attorney about taking legal action against an executor.
You might even want to think about investing in a probate bond from the start of the probate process if securing one isn’t already required in your state. This type of surety bond can prevent an executor’s mismanagement or misconduct from taking a toll on a deceased person’s estate.
Make Sure You Know the Answer to the Question, “What Happens If an Executor Lies?”
A probate executor’s challenges are too much for some estate administrators to take. They may tempt an executor to cut corners and possibly even lead to them mismanaging estate funds and lying about their actions.
Knowing how to answer the question, “What happens if an executor lies?” is extremely important. Because of this, it’s also important for families to safeguard deceased people’s estates by investing in probate bonds.
Rockpoint Probate Funding can provide your family with funding to purchase a probate bond. Call us at (888) 263-8588 to discover more about how probate loans work.
