Estate Law: removing a malicious exectuor/trustee?
June 11, 2012 4:48 PM Subscribe
Estate Law: removing a malicious exectuor/trustee?
I've actually asked about this question before, and this is a follow up.
After the (still living) person who's estate is in question was asked what she would want to see done if my mother were not around, she has signed off on a modification to the estate re-distributing my mother's share among the remaining 4 beneficiaries. This was done without first consulting the executor/trustee, but it was done in the presence of the estate lawyer and within the boundaries of the law.
The executor discovered the change and has since been on a mission to coerce the person to sign a reversal of this amendment. The executor is not a beneficiary, and we believe he is working with my father to assure that my father receives a portion of this. The executor has shown a pattern of dislike for the remaining beneficiaries and a general unwillingness to act in our best interests. My grandmother has made clear that if my mother were not around, she wants to see that portion of the estate go to her grandchildren. This is the change that she signed.
That pattern includes a refusal to respond to the named beneficiaries' multiple requests to not do what he's trying to do. Repeated attempts at coercing the testator to reverse her decision or otherwise change her mind. Giving my father $25,000 from the estate. He has gone so far as to set up a meeting with the estate lawyer and will attempt to bring my grandmother to sign a reversal of her decision. He is clearly abusing their relationship and her trust of him in order to further his interest.
I have done as much as I can to document what's been happening. I have copies of emails and letters that have been sent attesting to this. I have a record of communication between the executor and my father.
My question, one of many regarding this ridiculousness, is what is the process for removing this person from his position? Is it a simple matter of going through the estate lawyer and telling him what's happening? In my last communication with the executor, I stated that what he is attempting to do is outside the duties of his position and the law. That he is pursuing his own personal interest and/or that of my father, and thus has breached (has he?) his duty.
Is this a less complicated matter than removing the person AFTER the death of the estate grantor? If he somehow succeeds in getting her to sign off on this change, what recourse is available?
He is attempting to get this signature only a couple weeks after the revision was signed. This revision is the only one made since the creation of the document 10 years ago. So I already think that looks suspicious.
I've actually asked about this question before, and this is a follow up.
After the (still living) person who's estate is in question was asked what she would want to see done if my mother were not around, she has signed off on a modification to the estate re-distributing my mother's share among the remaining 4 beneficiaries. This was done without first consulting the executor/trustee, but it was done in the presence of the estate lawyer and within the boundaries of the law.
The executor discovered the change and has since been on a mission to coerce the person to sign a reversal of this amendment. The executor is not a beneficiary, and we believe he is working with my father to assure that my father receives a portion of this. The executor has shown a pattern of dislike for the remaining beneficiaries and a general unwillingness to act in our best interests. My grandmother has made clear that if my mother were not around, she wants to see that portion of the estate go to her grandchildren. This is the change that she signed.
That pattern includes a refusal to respond to the named beneficiaries' multiple requests to not do what he's trying to do. Repeated attempts at coercing the testator to reverse her decision or otherwise change her mind. Giving my father $25,000 from the estate. He has gone so far as to set up a meeting with the estate lawyer and will attempt to bring my grandmother to sign a reversal of her decision. He is clearly abusing their relationship and her trust of him in order to further his interest.
I have done as much as I can to document what's been happening. I have copies of emails and letters that have been sent attesting to this. I have a record of communication between the executor and my father.
My question, one of many regarding this ridiculousness, is what is the process for removing this person from his position? Is it a simple matter of going through the estate lawyer and telling him what's happening? In my last communication with the executor, I stated that what he is attempting to do is outside the duties of his position and the law. That he is pursuing his own personal interest and/or that of my father, and thus has breached (has he?) his duty.
Is this a less complicated matter than removing the person AFTER the death of the estate grantor? If he somehow succeeds in getting her to sign off on this change, what recourse is available?
He is attempting to get this signature only a couple weeks after the revision was signed. This revision is the only one made since the creation of the document 10 years ago. So I already think that looks suspicious.
This post was deleted for the following reason: poster's request -- jessamyn
My question, one of many regarding this ridiculousness, is what is the process for removing this person from his position?
The executor has NO JOB until the person who has written the will has died. The word trustee implies that there are trusts involved which complicates matters but still basically means nothing happens until the death of the person. Unless there is something in here that you are explaining improperly, or some sort of nuance you haven't mentioned, the executor is a person who has been chosen by your grandmother to execute the will once she has died. There is no job for that person until your grandmother dies. Similarly there is no "estate lawyer" realistically because there is no estate. An estate is a legal thing that comes into being when a person dies. The "estate" becomes a real legal entity that is managed by the executor who is bound by law to do what is written in the will.
If you have issues with how your father is handling this and you are concerned because he is executor the only person to deal with this [presuming she is of sound mind and body etc] is your grandmother who can rewrite the will to have him not be the executor.
I can not tell if you do not understand this process or if there is a more complicated setup than what you have outlined here [i.e. if your grandmother currently has someone with legal power of attorney]. You need to get your own lawyer and if you're going to continue to ask MetaFilter about these things it would be very very helpful to include information like what country you're in at the very least. You can follow up through the mods via the contact form.
posted by jessamyn at 4:55 PM on June 11, 2012 [2 favorites]
The executor has NO JOB until the person who has written the will has died. The word trustee implies that there are trusts involved which complicates matters but still basically means nothing happens until the death of the person. Unless there is something in here that you are explaining improperly, or some sort of nuance you haven't mentioned, the executor is a person who has been chosen by your grandmother to execute the will once she has died. There is no job for that person until your grandmother dies. Similarly there is no "estate lawyer" realistically because there is no estate. An estate is a legal thing that comes into being when a person dies. The "estate" becomes a real legal entity that is managed by the executor who is bound by law to do what is written in the will.
If you have issues with how your father is handling this and you are concerned because he is executor the only person to deal with this [presuming she is of sound mind and body etc] is your grandmother who can rewrite the will to have him not be the executor.
I can not tell if you do not understand this process or if there is a more complicated setup than what you have outlined here [i.e. if your grandmother currently has someone with legal power of attorney]. You need to get your own lawyer and if you're going to continue to ask MetaFilter about these things it would be very very helpful to include information like what country you're in at the very least. You can follow up through the mods via the contact form.
posted by jessamyn at 4:55 PM on June 11, 2012 [2 favorites]
Either the situation is, or your perception of the situation is, serious enough that you need to speak with a lawyer rather than continuing to ask your questions here. One important reason to have an experienced lawyer speak to the principals for you: she will know what to say.
posted by yclipse at 6:06 PM on June 11, 2012
posted by yclipse at 6:06 PM on June 11, 2012
Giving my father $25,000 from the estateI'm not sure that I'm understanding this - are you saying that the executor of a will of a person who is not dead took $25000 out of that not-dead person's money and gave it to someone else?
Did the not-dead person approve of this? If not, I'm no lawyer, but that sure sounds like theft to me.
posted by Flunkie at 6:26 PM on June 11, 2012 [1 favorite]
What does the person whose estate is in question want? Is this person still competent?
posted by alms at 6:42 PM on June 11, 2012 [1 favorite]
posted by alms at 6:42 PM on June 11, 2012 [1 favorite]
The best sense I can make of this and your other question is that you and some other expectant heirs didn't like the original distribution of assets laid out in your grandmother's will, the person named as the executor disagreed with you, and you're wrestling over whose preferences win. Someone recently got Grandma to change her will to suit your preferences, but now the executor is trying to change it back. You are suggesting that the executor is inappropriately trying to manipulate Grandma, to push her to agree to changes that you don't like.
IANAL, but like alms just suggested, I think this comes down to what your grandmother wants and whether she's competent. If she's competent, then she is making these choices and has every right to do so. If she's not competent, then the executor may indeed be out of line. But your narrative runs into trouble here, because if your grandma isn't competent to change her will right now (in ways you wouldn't like) then she probably wasn't competent to change it a couple of weeks ago (in ways you did like) either. So if the executor is out of line here, then my guess is that someone on your side of the fence is similarly guilty.
I think the way out of this is to forget your own interests and focus on what's best for Grandma. In your last question you worried that"This has the potential to really blow the hell up in the family," but you seem to be missing the fact that such situations get ugly because people act possessive, entitled and selfish. You seem dangerously close to those tendencies already.
I'm inferring a lot here, and if I'm wrong then I apologize. It's difficult to make much sense of either question without reading between the lines.
posted by jon1270 at 7:00 PM on June 11, 2012 [1 favorite]
IANAL, but like alms just suggested, I think this comes down to what your grandmother wants and whether she's competent. If she's competent, then she is making these choices and has every right to do so. If she's not competent, then the executor may indeed be out of line. But your narrative runs into trouble here, because if your grandma isn't competent to change her will right now (in ways you wouldn't like) then she probably wasn't competent to change it a couple of weeks ago (in ways you did like) either. So if the executor is out of line here, then my guess is that someone on your side of the fence is similarly guilty.
I think the way out of this is to forget your own interests and focus on what's best for Grandma. In your last question you worried that"This has the potential to really blow the hell up in the family," but you seem to be missing the fact that such situations get ugly because people act possessive, entitled and selfish. You seem dangerously close to those tendencies already.
I'm inferring a lot here, and if I'm wrong then I apologize. It's difficult to make much sense of either question without reading between the lines.
posted by jon1270 at 7:00 PM on June 11, 2012 [1 favorite]
This thread is closed to new comments.
Talk to your mom and the estate lawyer. That should be enough to take care of it.
posted by valkyryn at 4:54 PM on June 11, 2012