Center for Elder Law & Estate Planning

Free Consultation: 339-499-4306

  • Home
  • Firm Overview
  • About
    • Keri L. Guman
  • Practice Areas
    • Estate Planning
    • Elder Law
    • Probate
    • Social Security Disability Appeals
    • Lottery Representation
    • Fiduciary Services
  • Blog
  • Contact

The Center For Elder Law Is Under New Management

  • Home
  • Firm Overview
  • About
    • Keri L. Guman
  • Practice Areas
    • Estate Planning
    • Elder Law
    • Probate
    • Social Security Disability Appeals
    • Lottery Representation
    • Fiduciary Services
  • Blog
  • Contact
Center for Elder Law & Estate Planning

 339-499-4306

 Email

The Center For Elder Law Is Under New Management

Empathetic Legal Guidance For You And Your Loved Ones

  1. Home
  2.  — 
  3. Probate
  4.  — 
  5. Do I have options if the executor is not following the will?

Do I have options if the executor is not following the will?

On Behalf of Center for Elder Law & Estate Planning | Apr 17, 2024 | Probate

After a loved one dies, as a beneficiary of their estate, grief and loss is your primary concern. However, as you work through that process, your rights in that loved one’s estate become clearer. And, in the aftermath of a loved one’s passing, the executor holds a pivotal role in executing their wishes as per the will. But, what if they deviate from these instructions? Or, what if you think they are simply not doing their job?

The executor’s duties

An executor, or personal representative, bears the weighty responsibility of overseeing the deceased’s estate. This encompasses asset consolidation, debt settlement and asset distribution to beneficiaries. And, in everything the executor does, they are bound by a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Beneficiary rights in Massachusetts

Beneficiaries in Massachusetts possess certain rights. These include the timely receipt of designated property after probate, as well as access to the will itself. Should the executor withhold this document, beneficiaries have the legal entitlement to request it for clarity on their inheritance.

Remedies for executor misconduct

In instances of executor non-compliance, beneficiaries can explore various avenues. One option is beneficiaries might consider is legal action, if the executor breaches their duties. Grounds for such action include failure to furnish financial statements, unjustified delays in asset distribution or perceived favoritism towards specific beneficiaries. Legal recourse can extend to claims of breach of fiduciary duty, asset mismanagement or disregarding the will’s stipulations.

Conclusion

In summary, Massachusetts beneficiaries possess the means to address executor deviations from the will. Understanding these rights is paramount to ensuring appropriate actions are taken, should your beneficiary rights be infringed upon. It is imperative to uphold the executor’s fiduciary duty in safeguarding the estate and beneficiaries’ interests.

 

Recent Posts

  • How nursing home costs threaten a couple’s savings
  • Does a joint bank account affect MassHealth eligibility?
  • What private pay residents should know about MassHealth
  • How can you protect assets from nursing home costs?
  • Nursing home planning vs. crisis Medicaid planning

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

How Can WeHelp You?

Center for Elder Law & Estate Planning

Weymouth Address

1221 Main Street
Suite 301
Weymouth, MA 02190

  Weymouth Law Office

Lowell Address

338 Parker Street
Lowell, MA 01851

  Lowell Law Office

Phone Number

339-499-4306

Toll Free
888-784-0864

© 2026 Center for Elder Law & Estate Planning • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

  • Follow
  • Follow
  • Follow
Review Us