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Top 3 things executors of estates do that can lead to litigation

by | Oct 26, 2022 | Estate Litigation

The executor of an estate is human. Most of the time, they are a close relative of the deceased with little to no prior experience guiding an estate through probate, settling the deceased’s debts and distributing assets according to the terms of the will.

This is a complicated job, and mistakes are not uncommon. But when an executor in Las Vegas makes an error, the interests of the heirs, beneficiaries and creditors can be affected. A lawsuit could be the only way to avoid injustice.

Here are three common examples of mistakes an executor can make that risk leading to litigation.

Doing nothing

Some people freeze up when faced with tough decisions or complicated tasks. Such as person might meet with a probate attorney but take no further action. Heirs and the probate judge are left waiting (and waiting) as the estate remains unresolved.


The executor has control over the assets, which can lead to the temptation to take some of them for themselves or buy them at below-market value. But being an executor means you have a fiduciary duty to act in the best interest of the heirs and beneficiaries of the trust (if there is one). Misusing the executor’s power to score a bargain is likely a breach of that duty.

Not keeping the heirs/beneficiaries in the loop

The executor is supposed to provide regular updates to the heirs and beneficiaries and respond to their questions. Ignoring the heirs and keeping them out of the loop could be a breach of the executor’s legal duties, and is very likely to anger the heirs.

An executor who is not doing their duty properly might cost you a significant amount of your inheritance, going against the deceased’s final wishes. Litigation can help expose misconduct and potentially get the executor replaced.