Did the executor of my grandmother's estate do something wrong by not giving me a piece of property willed to my dad and I after my father died?

1 answer | Last updated: Nov 23, 2016
Crai77333us asked...

My dad and I were both left property in a trust from my grandmother. He and the executor sold almost all of it and now he is dead. Did the executor do anything wrong by selling it and not giving me a piece of it?

Expert Answers

Amy Shelf is an attorney specializing in estate planning and probate for individuals and families of all means.

What your father and the executor, called a trustee if administering a trust rather than a will, should or should not have done is dictated by the terms of the trust your grandmother established.

If the executor was supposed to set up a trust and did not, or was supposed to distribute only a limited amount of the assets to your father and to make sure that some assets remained for you, but did not, then the executor did do something wrong.

However, if your grandmother's trust or will allowed all of the assets to be distributed to your father during his lifetime, then the executor’s actions are less clearly wrong or right.

Even if the executor didn’t do what he was supposed to do, you must act within the applicable statute of limitations—that is, the amount of time permitted to bring actions against an executor after you have knowledge that things were not being done correctly. Time limits in these statutes of limitation vary from state to state, and also depending upon what kind of action you are bringing and against whom.

You may need to get a lawyer to help you figure out whether you can bring an action against the executor. And remember, time may be of the essence.