You Have Rights

Beneficiaries of a Montgomery County Probate Estate have rights. You are not at the mercy of an Executor who is either doing something wrong or simply doing nothing and shirking their legal responsibilities.

You have a lot of rights, but here are some of the most common problem areas that arise between beneficiaries and Executors:

  • You have a legal right to receive notice of certain hearings;
  • You can demand an Accounting from the Executor is the Estate is still open 15 months after it began;
  • You have the right to request removal of an Executor is you can prove the Executor has been guilty of gross misconduct, or mismanagement in the performance of the Executor's duties;
  • You have the right to request removal of an Executor when there is evidence that the Executor has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the Executor's care;
  • You have the right to expect the Estate is settled within three years.


If you are concerned about how the Executor of an Estate is handling (or not handling) an Estate I can help you protect your rights.

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