Legal Question in Wills and Trusts in Missouri

executor

As per Missouri Law what constitutes negligence by an Executor of a Will? If the executor does not keep the son of the deceased, who is also heir to the deceased's estate, apprised at to what is going on, does this not constitute negligence on the part of the executor of the will?


Asked on 2/22/04, 3:26 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: executor

I make no representations or conclusions regarding Missouri Law. The executor of a probate

estate owes a "fiduciary" duty to all parties interested in the estate, creditors, tax authorities and heirs, a duty of loyalty, faithfulness and to act solely in the interests of those to whom the duty is owed. A fiduciary may not act in his/her own interests and against the interests of the others. An executor has a clear duty to inform and give notice to the Court and to heirs, as required by law. The Court supervises the administration of the estate. It would seem to be a burden to require an executor to report to an heir "what is going on" on a daily or other periodic basis, or to have an heir looking over the shoulder of the executor. Once the executor has taken action to administer the estate, the heir should receive notice thereof and will then have an opportunity to object to the action taken. Is it negligent to fail to tell an heir what is going on with an estate? Probably not, however, it would seem to be a smart thing to do, to inform the heir of the process being undertaken and some time frame when the heir can expect certain action to be done.

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Answered on 2/22/04, 4:49 pm


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