If you believe that an executor is not following the guidelines set forth in the will, it may be worth your while to hire an estate dispute attorney with experience in litigating these matters. That attorney can get a copy of the will, the estate file, and other materials and can give you an indicaiton as to whether things are being done properly.
If it is determined that the executor is not carrying out his/her fiduciary duties, you can bring an action to have him/her replaced with a different executor, and you may be able to bring an action for breach of fiduciary duty.
Good luck going forward.
James J. Mills
2626 Glenwood Ave., Ste. 560
P.O. Box 10867
Raleigh, NC 27605
Telephone: 919.235.3824
Fax: 919.782.2311
www.burnsdaypresnell.com
Answered on Aug 01st, 2013 at 3:47 PM