Estate beneficiaries should remember that executors and administrators are fiduciaries. In other words, they are required to act in the estate beneficiaries’ best interests at all times. For instance, executors and administrators are subject to a duty of impartiality, which means that they cannot favor certain beneficiaries over others. Executors and administrators are likewise subject to an absolute duty of loyalty; their personal interests should never be placed above those of the estate or estate beneficiaries.
Another important facet of an executor or administrator’s job is keeping estate beneficiaries reasonably informed about administration (i.e., estate beneficiaries should be provided with the information they need to effectively enforce their beneficiary rights). This duty can include regularly communicating with estate beneficiaries and supplying them with periodic estate accountings.
If executors or administrators are not diligent in carrying out the aforementioned duties, estate beneficiaries should reach out to an estate lawyer, who can utilize the courts to compel the executor or administrator to provide beneficiaries information about administration, as well as accountings; if the problem is beyond fixing, the lawyer can request for the court to have the executor or administrator removed and potentially surcharged.
Even though estate beneficiaries have broad rights, it is important for them to remember that executors and administrators are not necessarily required to involve beneficiaries in every decision they make. If estate beneficiaries want to have a say in estate-related decisions, it is essential for them to play an active role in administration and stay apprised of what is happening at every step of the process.
