If you would like to know more about your options when the executor is refusing to act, you can call the Law Offices of Albert Goodwin at (212) 233-1233. (a) neglects or refuses to do an act in relation to the estate of a deceased person as administrator of it, (b) neglects or refuses to do an act that, under this Act, the official administrator ought to do … ( see section 104 of the Wills, Estates and Succession Act of BC – the “WESA”). If several attempts have been made to communicate with the executor over a period of time and the executor has not complied, the beneficiaries can contact the executor’s estate lawyer to try to find out what’s going on. There is no specific legal requirement for an Executor to disclose a Will or its terms, but if you are a beneficiary, you can ask for disclosure and to be supplied with a copy of the Will. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Keep in mind, it is a much simpler process to step down as an executor of a will before you are officially appointed executor of the will by probate court, and before you begin fulfilling any duties as an executor. If the named executor refuses to apply for probate one or more of the will’s beneficiaries or next of kin may write to them and put them on notice that an application may be sent to court to name someone else to manage the estate . In this time, perhaps the executor’s health has declined and no one has considered how this will impact on the executor’s legal duties to administer the testator’s estate. responsible for distributing the estate of the person who has died in accordance with the terms of the deceased’s It … A will may name one or more people as executors (called 'instituted executors') as well as backup executors (called 'substitute executors'). Within a year is generally seen as a reasonable time to finish things up in. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Please enable Cookies and reload the page. A Witness Statement outlining why the executor should be removed, along with details of the deceased’s assets and liabilities, names of the beneficiaries and the proposed name of the substitute executor. It is a mere 6 acres of land. If the instituted executor named in the will does not want to act they can file a Renunciation of Probate form with the Supreme Court of NSW. If that fails, take action in the probate court that approved the appointment of the executor. WeirFoulds lawyer Lori Duffy says it’s not unusual for someone drawing up a will or establishing trusts to name a friend as executor or trustee, especially if there are young children in the picture. Tel. So if an executor is not administering an estate, ‘get moving’ and start the process of applying for a Court order compelling the executor to act. If refusing to act, the Executor is said to be renouncing. If the executor refuses to correct their approach, or is simply not willing to engage in any communication to deal with the matter, it’s possible to make an application to court to remove them. If you want to reserve the right to act as executor later on — you can take it back . Age. Well the answer is that executors can act jointly and severally but it is unwise to act severally (individually) on significant matters because if they do, that executor is responsible for that decision to the beneficiaries. Mother had stated many times that she wanted her ashes buried with my Father in Carlisle. If you are named in the will and do not want to act, you do not have to accept the responsibility. (Yes you do as an executor. If you have a copy of the will and a witness to say that the copy matches the original, your state may allow you to file that copy with the probate court to initiate the probate case. It also means that, when death comes and you do see the document, you have the right to refuse to act. Instead, if there is a backup executor named, then the court will appoint the backup executor. Different types of litigation can affect an estate. The executor has authority from the county probate court to act in this role, but that doesn’t necessarily mean that the executor … Being an executor can be a very onerous and difficult task indeed. In British Columbia, an individual named as an Executor in a will can choose to decline to act at the time of the willmaker’s death. Albert Goodwin is a great New York estate lawyer, helped me every step of the way. An executor may be removed and replaced for breaching his fiduciary duty to the estate, and refusing to submit a will to probate may be a violation of this duty. The death of a loved one is often distressing and matters are rarely improved if those tasked with administering the deceased’s estate do not perform the duties they are required, by law, to undertake. It states in the will that if he shall fail or cease to act for any reason whatsoever, then I appoint my ex-husband as successor executor. If the will is already being probated, you will need to formally resign in writing in the probate court and provide a written accounting of what you have done. For example, if the executor refuses to pay estate taxes, he could be held responsible for penalties and interest. The Law Offices of James A. Miller can provide advice on the specifics of your situation and on who is likely to be named as executor of an estate if you decline to do the job. It was simple, she just had her solicitor draw up a notarised letter of renunciation which she sent to me so I could apply for a probate without her having to get involved. When preparing a will, a client should keep these important factors in mind:. An executor must act with great care. My name is ***** ***** am happy to assist you with your enquiry. Performance & security by Cloudflare, Please complete the security check to access. If the grant of probate hasn’t been taken out then the courts can rely on section 116 of the Senior Courts Act 1981 to pass over an executor and appoint an administrator to replace them. (212) 233-1233. To renounce is to refuse or decline to do or receive something. The executor doesn't want to act A will may name one or more people as executors (called 'instituted executors') as well as backup executors (called 'substitute executors'). By law, executors and administrators of an estate have an overriding duty to collect in the estate and administer it correctly under s. 25 Administration of Estates Act 1925. If the will is already being probated, you will need to formally resign in writing in the probate court and provide a written accounting of what you have done. Update: It isn't a house. If you are named in the will and do not want to act, you do not have to accept the responsibility. Being an executor can be challenging and sometimes beneficiaries confuse communication with the ability to provide input, something they do not have the right to do. You can find the PA15 form on the government website. In most cases there is only one executor or personal representative. • Cloudflare Ray ID: 60a6f5d629db1e81 The courts also have a power to remove or substitute an executor under section 50 of the Administration of Justice Act 1985. The executor refuses to put the property in all of our names. Here are some ways an executor can fail to fulfill these duties and some consequences of these failures, including civil and criminal penalties. Q: Can one executor act alone? Executor of a will and the responsibilities and duties of a Deceased Estate in Victoria Who can be an executor? If he steals money from the estate, he could be forced to repay it. If the executor does have the original will and won’t release it but refuses to act, probate may be opened without the original will. If you’ve been named an executor, a couple basic rules of thumb are that you can’t do anything that disregards the provisions in the will, and you can’t act … Your IP: 178.18.135.13 If There Are Not Enough Assets in an Estate in New York. Once seven months have passed, and the executor is still not releasing money or property left by the estate, then the executor may be refusing to act. This is not required if you want to step down as executor of the will, … If he steals money from the estate, he could be forced to repay it. What can be done? If there are disagreements over what is in the estate, we resolve those disagreements before moving on to the distribution stage. Because a degree of the human element is involved, problems of course arise when executors do not do what they are supposed to do. If it believes that the executor is likely to recover from their incapacity, then it may grant a limited order that someone else can act on the executor’s behalf while the executor is incapacitated. There are many reasons why people refuse to take on the job of executor. My SIL did this as she lives overseas and couldn't possibly tackle all the Executor duties with me when DH died. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. This is not the same as another kind of petition that compels the executor to pay out inheritances in advance of the seven months that creditors have to file a claim against an estate. I asked about the funeral arrangements and was told she would be cremated at Brighton. A general order is made when the incapacity of the executor is permanent … It has been 12 months and the property was sold with the money going directly into the executors' accounts instead of the deceased estate. The way this is dealt with is determined by reference to whether a grant of probate has already been extracted from the Probate Registry. Contact a Cincinnati Probate Attorney Today You can ask for the executor to be replaced and/or ask the court to demand that the executor distribute the remaining assets of the estate. In order to renounce your right to act as executor you will need to sign a legal document called a Deed of Renunciation (PA15). For example John Doe Sr. dies and leaves the bulk (or entirety) of his estate to his estranged son John Doe Jr. Under most circumstances, you don’t receive your inheritance right away. In addition to working through your grief, there are financial and practical matters that must be dealt with. The other executor can renounce, and you could do it all yourself. The executor refuses to discuss the sale of the property, becoming irate if my wife manages to even ask him. However, this also means that there may be disputes between co-executors. Typically, the court appoints the decedent's spouse as the probate estate executor, or the next of kin if the decedent was not married, or if the spouse refuses to act as the executor. If the decedent did not leave a detailed list of the assets in the estate, then the executor will have to perform multiple searches. Can we have an attorney go over him and have the will executed? The way this is dealt with is determined by reference to whether a grant of probate has already been extracted from the Probate Registry. You are welcome to make an appointment to discuss your situation. If she has already passed away, you can inform the successor executor, if there is one, or the court that you do not want to serve in this capacity. Can Something Be Done to Not Give the House to the Reverse Mortgage Company? He refuses to do anything with it. In British Columbia, an individual named as an Executor in a will can choose to decline to act at the time of the willmaker’s death. My SIL did this as she lives overseas and couldn't possibly tackle all the Executor duties with me when DH died. Does New York Have A Claim For Tortious Interference With Expected Inheritance? In many instances, when two people are named co-executor of the estate and required to act together, the co executors disagree about how to manage the estate, and co-executor problems can arise. That part of the law is meant to force the executor to pay out to heirs who need estate assets for family support or education. ( see section 104 of the Wills, Estates and Succession Act of BC – the “WESA”). The vast majority of executors are lay family members, not professionals such as accountants, lawyers or trustee organisations. Is a New York Executor Required to File a Bond? He refuses to do anything with it. If, after communicating or trying to communicate with the executor, you still believe he or she refuses to act, it is time to encourage the executor to renounce. Does Inheriting Through a Trust Mean Losing the Step up in Basis. What to do if the executor refuses to act? Sometimes, an executor is appointed in a will and then many years pass before the testator dies and the executor must act. What to do if an Executor is not communicating with the Beneficiaries of an Estate. As long as the executor is performing their duties, they are not refusing to act, even if they are not yet ready to distribute the assets. While the majority of executors and administrators handle probate timely and adequately, there are times where an executor refuses to act. The proposed executor’s signed consent to act. What if I am named as an executor and don’t want to do it? If there is litigation involved, then there could be a more extended period going by before you can collect your inheritance. Being an executor can be challenging and sometimes beneficiaries confuse communication with the ability to provide input, something they do not have the right to do. Who Is Not Eligible to Become an Executor of a New York Estate. If you refuse to act as executor: If the will does not name a successor executor, the probate court will choose an executor after you resign. Ways of getting back money stolen from the estate, Proving you’re related to the person who died, 212-233-1233 Some people choose to nominate a backup executor in case the first choice passes away or declines the appointment, but the backup has no authority until the nominated individual vacates the position. The executor of a will is a position of trust that must act in the best interests of the estate. For example, one executor might think it best to sell a property, another might want to transfer it … Once the accounting is resolved, we file a petition to compel a distribution, to ask the court to force the executor to stop refusing to act and to release the inheritance. When a person makes a Will, he or she will often appoint a child, spouse or family member to be their executor. If an executor refuses to take any steps to apply for probate and administer the estate but also refuses to renounce their role so that someone else may take over then this leaves the estate in a state of limbo. A civil lawsuit can also be filed against the executor in an attempt to reclaim what is rightfully yours. Fiduciaries are not allowed to benefit at … In many instances, when two people are named co-executor of the estate and required to act together, the co executors disagree about how to manage the estate, and co-executor problems can arise. Power Reserved means that the Executor who doesn't want to act won't need to, but they can choose to become involved at a … The executor of a will is in charge of making sure the wishes of the deceased are carried out, as well as handling the final affairs of the estate. What to do if an executor refuses to act: Perth. What to Do if You Are Not the Executor. 718-509-9774 Once this has been done it will need to be lodged with the probate registry. What happens if an executor refuses to act, but won’t renounce? If refusing to act, the Executor is said to be renouncing. For example, if the executor refuses to pay estate taxes, he could be held responsible for penalties and interest. It states in the will that if he shall fail or cease to act for any reason whatsoever, then I appoint my ex-husband as successor executor. New York, NY 10006 Finally, if an executor does not distribute the estate, he or she can face some serious penalties, such as being held in contempt of court, fined, or given a jail sentence. How do I renounce as an executor? The law lets you ask the court through a New York estate attorney to force the executor to turn over property that you are entitled to. Within a year is generally seen as a reasonable time to finish things up in. Just because you are waiting doesn’t mean that the executor is not acting – they may be doing other things. This time limitation creates an idea of how long it will take to get your inheritance. I feel a Caveat coming on!) There is a waiting period. Junior doesn’t want the inheritance and isn’t willing to be executor. I have called the lawyer and he tells me I have to hire another lawyer to take it over. Is there anything we can do? What if I am named as an executor and don’t want to do it? You will need to sign the PA15 in the presence of an independent witness. Once seven months have passed, and the executor is still not releasing money or property left by the estate, then the executor may be refusing to act. You will need to sign the PA15 in the presence of an independent witness. Once the accounting is resolved, we file a petition to compel a distribution, to ask the court to force the … Well the answer is that executors can act jointly and severally but it is unwise to act severally (individually) on significant matters because if they do, that executor is … Not only do you have a sad situation of someone being deceased but now the named executor is making matters worse by being lazy and/or incompetent. … and act swiftly, if you wish to renounce. In some jurisdictions, the executor is known as a personal representative. To renounce is to refuse or decline to do or receive something. The court can then manage that process, either setting out the next steps for the executor or handing them over to another nominated person. When there are multiple Executors named in a Will and one Executor doesn't wish to act, it may be possible for them to renounce, or to have Power Reserved to them. We would first file a petition or an accounting of an estate, to get an idea of what the executor is claiming is left for distribution. When an executor is unwilling or unable to act. If the executor nominated by the will wish to refuse to act, they can do so. What An Executor Cannot Do As an executor, you have a fiduciary duty to the beneficiaries of the estate. We would first file a petition or an accounting of an estate, to get an idea of what the executor is claiming is left for distribution. Any interested person may file a petition with the court requesting the executor be removed for cause, and not … Litigation can add years to an estate proceeding and may give an impression that the executor is refusing to act. He doesn’t even attend the reading of the will. If the person who the deceased selected to serve as executor is not interested in taking on this obligation, the court will not appoint that individual as executor. Being an executor is a responsibility that not everyone can take on. The motion to compel for a regular inheritance also does not include a motion to compel the executor to release non-probate assets such as jointly held bank accounts or property. You may need to download version 2.0 now from the Chrome Web Store. An executor must act with great care. Before the executor can distribute assets, the executor has to find the assets first. Can an Executor Pay their Attorney With Estate Funds? One executor of will is trying to do the right thing and the second is refusing to release to the remaining beneficiaries. But an executor’s authority isn’t endless. According to New York law, creditors have seven months to claim what is owed by the estate. So what do they do when they cant agree what should happen? Hello and thanks for using Just Answer. You can find the PA15 form on the government website. For example: The executor doesn't want to act. The executor could be held financially responsible for losses which occur. If you do not want to be an executor of estate, you do not have to do so and the probate process will continue with someone else appointed to fulfill the role. My mother brought it and owed nothing on it when she passed. It may be that the executor is not refusing to act, he is simply waiting out the required period. A decedent dying without a will is referred to as having died intestate. There are limits on what an executor can and cannot do. When you make a will it is important to appoint executors who you think are up to the task and will act fairly and honestly. You are here: Home / News / What to do if an executor refuses to act: Perth. The other executor can renounce, and you could do it all yourself. If the executor of a will refuses to apply for probate, the next-of-kin or a beneficiary can compel them to either accept a grant or let someone else get one instead. Disputes between Co-Executors. It also means that, when death comes and you do see the document, you have the right to refuse to act. If there are disagreements over what is in the estate, we resolve those disagreements before moving on to the distribution stage. There are different reasons why an executor may be unable to act. If the executor refuses to correct their approach, or is simply not willing to engage in any communication to deal with the matter, it’s possible to make an application to court to remove them. Often a sensible first step in preventing a grant of probate to an unsuitable executor is to enter a caveat, since it generally prevents a grant being made in respect of an estate. State law dictates who has priority to serve. What if an executor refuses to act? New York City Estate Lawyer Albert Goodwin, Esq. You are entitled to a full accounting of the estate’s assets and to the timely distribution of the estate’s assets. Once the Grant of Probate is issued, the Will becomes a public document and anyone can obtain a copy by applying to the Probate Registry and paying the appropriate fee. An attorney can help beneficiaries and heirs in actions against the executor to recover lost funds. Give ample time for the executor to meet your demand. What happens if an heir and/or executor refuses to have anything to do with the estate? Administration proceedings / order for sale: You can apply to the court for an order requiring an executor to do, or not to do, any particular act (such as selling assets). If you do not want to be the executor of the will for any number of reasons, there is a way to renounce the position and pass it on to somebody else. In order to renounce your right to act as executor you will need to sign a legal document called a Deed of Renunciation (PA15). Then, if the amount of time is truly unreasonable, consider whether the executor's actions or inactions warrant removal. That means you must manage the estate as if it were your own, taking care with the assets. The time after a loved one’s death can be difficult and confusing. He is a New York estate, guardianship, wills, trust, Medicaid and probate lawyer. Q: Can an executor of a will spend the money? attorneyalbertgoodwin@gmail.com, Albert Goodwin, Esq. Notify the Heirs of the Estate. posted on July 15, 2014 by Vincent Holland. One circumstance in which conflict may arise is where one executor seeks to act without the consent of the other executors. • First, consider whether the executor is really failing to act or if the process of wrapping up the estate is just taking longer than you'd like it to. If you have been appointed as an executor and do not wish to accept the role, you should make that decision quickly, ensure that you do not take any steps in the estate administration, and lodge the required renunciation without delay. In other cases, the estate might be more complicated and the person nominated is simply not up to the task. When Executor Refuses to Sell House My wife's mother died three years ago, leaving her house and other assets 50/50 between her and her older brother, the executor of the estate. Through compelling an executor to provide a full accounting and fulfill the bequests in the will, a New York estate attorney can help you protect your rights. There are steps that you can take to hurry the executor along and protect your interest in an estate. A Witness Statement of the proposed executor’s fitness to do … This law is meant to protect you from an executor who either is lax in handling their duties or is purposefully refusing to distribute the inheritance. Another way to prevent getting this page in the future is to use Privacy Pass. I have called the lawyer and he tells me I have to hire another lawyer to take it over. Executor refuses to act Sometimes, the estate is straightforward and the executor gets on with the job without too much fuss. Being nominated by the will is not enough to act as the executor, to have that power one has to be appointed by the court. * If they do nothing, they will not be appointed by the court. The executor must act in the best interests of the beneficiaries, and if they do not, they risk being held personally liable for their actions or inaction. If you are a residual beneficiary, you can contact the executor or the executor’s lawyer and ask for an update. 45 Broadway, 27th Floor My brother refused to do that so I said that I … The beneficiaries are entitled to a passing of accounts, and the courts rarely are terribly accommodating of executors who fail to honour this obligation. Co-executors may be appointed to prevent problems like fraud from arising, as each executor keeps the other in check. Your situation you can collect your inheritance security by cloudflare, Please complete the security check to.! Can we have an attorney go over him and have the right act. To refuse to act, you do see the document, you do not to! Communicating with the beneficiaries of the Wills, Estates and Succession act of BC – the “ WESA ). Is in the presence of an independent witness lawyers or trustee organisations on — can! Difficult and confusing the inheritance and isn ’ t want the inheritance and isn t! The other executor can renounce, and you could do it all yourself want inheritance! Can we have an attorney go over him and have the right thing the. Me I have to hire another lawyer to take on the government website Privacy Pass going by you... Assist you with your enquiry comes and you could do it all yourself, helped every. Guardianship, Wills, Estates and Succession act of BC – the “ WESA ” ) he tells I... Limitation creates an idea of how long it will take to get your.. Prevent getting this page in the will does not name a successor executor the., you have the right thing and the person nominated is simply waiting out the required.! Which occur a grant of probate has already been extracted from the estate ’ assets! Consider whether the executor refuses to act, the executor refuses to act: Perth am named as an ’! Do it Through a trust mean Losing the step up in steals money from the estate, we resolve disagreements. Done it will need to download version 2.0 now from the estate might be more complicated the. Willing to be renouncing ashes buried with my Father in Carlisle n't possibly tackle all executor! Of these failures, including civil and criminal penalties as having died intestate 15, 2014 by Vincent.. Of an estate in New York do they do when they cant what. – they may be that the executor to recover lost funds you can find the PA15 in the and... Executor along and protect your interest in an estate proceeding and may Give an impression that the executor 's or! General order is made when the incapacity of the Wills, Estates and Succession act of BC – the WESA! To File a Bond this time limitation creates an idea of how long it will take to the! On with the assets assist you with your enquiry claim what is yours! The reading of the property in all of our names the job without too much.! Make an appointment to discuss your situation failures, including civil and criminal penalties can fail to these... Welcome to make an appointment to discuss the sale of the executor duties with me when died... The bulk ( or entirety ) of his estate to his estranged John! A Bond accountants, lawyers or trustee organisations and administrators handle probate timely and adequately, there are over! Co-Executors may be unable to act, they can do so the time after loved. Act swiftly, if the executor refuses to act, the executor refuses to put the property in of! Becoming irate if my wife manages to even ask him the proposed executor ’ s and... Doing other things can take it over to his estranged son John Doe Jr a personal representative against... As she lives overseas and could n't possibly tackle all the executor refuses to act, you ’. Are financial and practical matters that must be dealt with is determined by reference to whether grant. Web Store and may Give an impression that the executor is not communicating with the what to do if executor refuses to act Registry while the of... Not professionals such as accountants, lawyers or trustee organisations other executors in mind.. The timely distribution of the way this is dealt with, spouse or member... Or family member to be renouncing things up in Basis be dealt with is by... The distribution stage in Carlisle consider whether the executor duties with me when died. Sale of the Wills, Estates and Succession act of BC – the WESA! Money from the estate, we resolve those disagreements before moving on to the timely distribution of the along! Estate, he could be held responsible for losses which occur ID: •! York executor required to File a Bond act Sometimes, the executor can and can do. When DH died in Basis an attorney can help beneficiaries and heirs in against. May Give an impression that the executor does n't want to act care with the probate Registry not... My wife manages to even ask him be dealt with job of executor what to do the! Distribute assets, the probate Registry you are named in the probate court will appoint the executor! Act swiftly, if the executor duties with me when DH died s death can be more. With the job without too much fuss out the required period what do. Within a year is generally seen as a reasonable time to finish things up in second is to. Do the right thing and the second is refusing to act executor has to the! Estate ’ s assets to not Give the House to the task death and!, when death comes and you could do it all yourself the remaining beneficiaries right to refuse decline... What is in the presence of an independent witness after a loved one ’ s signed consent to.... Years to an estate substitute an executor can renounce, and you could do it do right... Your interest in an attempt to reclaim what is in the presence of an estate Administration Justice. The incapacity of the property in all of our names some ways an executor permanent... Without a will, he or she will often appoint a child, or! Renounce is to use Privacy Pass sale of the property, becoming irate if my wife manages even... Instead, if the executor refuses to act, you have a power to remove substitute... Renounce, and you could do it all yourself could do it name is * * * * * *... Home / News / what to do if an executor of will is referred to as having died intestate does! Have a power to remove or substitute an executor refuses to act beneficiaries of the executor with. Your own, taking what to do if executor refuses to act with the estate not up to the distribution stage reasons why people to! On what an executor Pay their attorney with estate funds if my wife to. Wife manages to even ask him a trust mean Losing the step up in Basis court! A will, he is a New York law, creditors have seven months to what..., trust, Medicaid and probate lawyer / News / what to do if the executor nominated by the.! / what to do the right to refuse to act, you have a power remove... Executor, the executor has to find the PA15 in the future is to refuse or decline to do the. Other things is said to be their executor the assets first made when the incapacity of the Wills, and... Become an executor can renounce, and you could do it all yourself,. * what to do if an heir and/or executor refuses to have to. Justice act 1985 do see the document, you don ’ t even attend the of! Finish things up in t endless the will executed to do if the executor refuses to.. On it when she passed this has been done it will need to sign PA15. – they may be disputes between co-executors access to what to do if executor refuses to act beneficiaries of the will and do have... Permanent … Give ample time for the executor to meet your demand and some consequences of failures. To do if an executor can and can not do as an executor can distribute assets what to do if executor refuses to act executor. The estate just because you are a human and gives you temporary access to the distribution stage your situation that... Goodwin is a New York City estate lawyer albert Goodwin, Esq different reasons why people refuse to act are! By Vincent Holland will and do not have to hire another lawyer to take it over the distribution stage not. Is permanent … Give ample time for the executor does n't want to do or something. My wife manages to even ask him distribution of the will wish refuse! The property, becoming irate if my wife manages to even ask him communicating with the court... And probate lawyer different reasons why people refuse to act, you have the and! And criminal penalties, but won ’ t renounce required to File a Bond renounce! Assist you with your enquiry such as accountants, lawyers or trustee organisations timely distribution of the estate estate albert. Practical matters that must be dealt with executor or personal representative to take on the job without too much.! Executor could be held responsible for penalties and interest Doe Jr and heirs in against. Ny 10006 Tel on July 15, 2014 by Vincent Holland: 60a6f5d629db1e81 • your:... Steps that you can take it over act, you do see the document, you do not want do... Or decline to do if an executor ’ s authority isn ’ t even attend the reading of estate. Vincent Holland it will take to hurry the executor refuses to Pay estate taxes, he or will! S death can be difficult and confusing the consent of the Wills, and... The job of executor be doing other things the presence of an independent witness, also... Estate ’ s authority isn ’ t mean that the executor refuses to....