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Attorneys For Today, Counselors For Life

Attorneys For Today, Counselors For Life

Metz, Bailey & McLoughlin provides customized estate planning and business law services to clients throughout Ohio

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What to do when an estate administrator goes rogue

| May 20, 2020 | estate planning, probate & estate administration | 0 comments

Estate administrators in Ohio and elsewhere have a fiduciary responsibility to the beneficiaries of the estates that they oversee. If an administrator fails to act in a beneficiary’s best interest, it may be possible to have that person removed from his or her position. The same may be true in the event that a temporary administrator is assigned to oversee a probate proceeding. Temporary administrators are typically assigned to a case when the primary estate representative is unwilling or unable to serve in that capacity for any reason.

For instance, the named executor may be deceased or mentally unfit to carry out the duties of an estate representative. The temporary executor may be removed by the judge overseeing a case if there is reason to believe that assets have been squandered. A judge may also order the temporary executor to take a series of actions to make up for his or her mistakes.

Beneficiaries are encouraged to remain in communication with the temporary administrator as well as the bankruptcy court if they feel that their rights have been violated. Doing so may prevent property such as a home or car from being liquidated. In some cases, individuals may discover that there are valid reasons as to why a temporary administrator is taking certain actions during a probate proceeding.

Naming an executor may be one of the most important estate planning decisions a person will make. Ideally, individuals will name alternate executors in case their initial choices are unable to fulfill their duties. An attorney may be able to help a person come up with a list of people or entities to serve in this role. If necessary, an individual’s attorney may be able to represent his or her estate’s interests during probate.