skip to Main Content

Removing an Executor: Delay & Non-Action

In Kajaks Estate, the deceased named his stepson as executor. There were no distributions for eight years. At that point, pursuant to a court application, the executor was ordered to make interim distributions of $100,000 to each of the applicants. While the residuary beneficiary received an interim distribution, the applicants did not. The applicants went back to court and sought to find the executor in contempt of the previous order and to remove him for delay.
Read More
Time Limitation

Is a Notice of Objection to Accounts subject to a limitation period?

There is a world of a difference between a fiduciary’s duty to maintain his accounts and whether a time limit exists for the beneficiary to request an accounting or to object to the accounts presented. In the context of an attorney for property’s obligation to disclose his accounts and produce his records, the regulations impose a duty on the attorney to give a copy of the accounts and records to specific people. Those regulations do not place a time limit on the people entitled to demand production.
Read More
Estate Trustee Fees

When is a Trustee Disentitled to Compensation?

In the ordinary course both the Estate Trustee and the Attorney for Property are entitled to be compensated for their work. What happens if they don’t follow the common law or statutory obligations that oblige an Estate Trustee or an Attorney for Property to keep proper accounts? What happens if they wrongfully take money or breach other obligations on them? Do they still get compensated or do they just get less money? Have the courts provided a clear red line that disentitles a trustee from receiving compensation?
Read More
Forced-sale

Can you compel an executor to sell?

A parent dies and the adult children become equal beneficiaries of the residue of the parent’s Estate.The Estate is primarily made up of income producing real estate holdings that remain profitable. Some of the siblings want to continue to operate the properties, while other siblings want the properties to be sold and converted to money to be distributed to the beneficiaries. Does a beneficiary have the right to force an executor to sell real property that forms part of the Estate?
Read More
Back To Top