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Question:

I would like to know is there any benefit to probate litigation? I believe that the executor of my mother’s estate failed to act in the best interest of the beneficiaries in a number of ways, including:

• His accounting for the closure of the estate is missing things.
• He hid items from the probate referee including jewelry, coins, silverware and other valuable collectibles.
• Bias used in determining to refuse paying 2 creditors as he knew that I would then be responsible.
• Failure to produce fiduciary records for more than a year.

If one has the proof, is there much to gain from probate litigation?

Reply:

Probably not. Probate litigation usually only benefits the attorneys and since any litigation can become time consuming, the fees mount quickly. You could certainly go to court for an order that the executor produce accounts. Also, based on everything you’re describing you may have grounds to have him removed as executor, but that may not achieve much. The court would probably then appoint an attorney to take over who could charge a significant amount trying to get to the bottom of everything you allege.

That’s just my two cents.

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