What happens if an executor refuses to distribute an estate?
What happens if an executor refuses to distribute an estate?
If an executor refuses to distribute an estate, the first thing you should do is talk to them. If that doesn't help, you can involve a probate court in the process.
If you're named as an executor of someone's will, you're legally obligated to follow their instructions and distribute their property to their heirs. If a person doesn't appoint an executor, the court will appoint a personal representative. If you're in either of these positions, but feel that the estate is too small to be worth your time and expense, or if you do not agree with the decedent's wishes, the court can remove you as executor or personal representative. It's important to remember that it is illegal to refuse to distribute any property given to you in your capacity as an executor or personal representative because of your own personal feelings about the matter.
If you fail to comply with a court order to provide an accounting for or turn over the deceased's property, or if you refuse to distribute their assets as instructed, you may have committed "contempt" of court. Contempt is a legal term used when someone refuses to obey a court order. Upon a conviction for contempt of court, which can happen regardless of whether the person is present at trial or not, a judge has several options.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
