Waiting for an inheritance can be stressful, especially when the personal representative (executor) is not communicating effectively. You may be wondering whether the delay is normal, or what to do if something does not seem right.
If you've been named as a beneficiary in a Will, understanding your rights as an estate beneficiary in Alberta can help you decide what to do next. At Family Central Law we help individuals understand their rights as an estate beneficiary. An estate beneficiary is someone entitled to receive a specific gift of property or funds, or a portion of a deceased person's estate under a will.
It is important to note that not everyone with an interest in an estate is a beneficiary under the Will. For example, a creditor may be owed money, while an eligible spouse, partner or dependant may have a separate claim under Alberta's Wills and Succession Act. These different interests can affect how an estate is distributed and what information a person may be entitled to receive.
The Role of the Personal Representative (Executor)
In general, a personal representative, formally known as an executor here in Alberta, is appointed by way of Will or alternatively by the Court of King’s bench of Alberta. The personal representative (executor) must protect estate assets, pay legitimate debts and expenses, keep appropriate financial records and distribute inheritances when it is legally and practically appropriate to do so.
One of the most common concerns beneficiaries have is not knowing what is happening with the administration of an estate after the death of a loved one. Depending on your entitlement and the circumstances, you may be able to request information about the estate's assets, debts, expenses, probate application, payment of debt obligations, maintenance of assets, and expected distribution timeline for assets.
A disagreement or delay does not automatically mean the personal representative (executor) has done something wrong. There are several reasons an entitlement to an estate may take longer than expected to distribute. Some estates are settled relatively quickly, while others take a year or longer. More complicated estates may take considerably several years to be completely distributed.
There is no universal deadline requiring every Alberta estate to be fully distributed within a fixed number of years. What matters is whether the timeline is reasonable in the circumstances and whether the personal representative (executor) is properly carrying out their responsibilities.
Engagement with a non-compliant Personal Representative
If the personal representative repeatedly ignores your questions, cannot explain the delay or appears to be withholding a distribution of funds without a valid reason, it is likely helpful to request greater financial oversight of the estate administration process.
If the personal representative is not distributing the estate or communicating with you, a good starting place is by making a clear written request. If the personal representative continues to refuse to communicate, will not provide appropriate accounting information or appears to be mishandling estate assets, consider obtaining independent legal advice.
Depending on the circumstances, if estate assets are at immediate risk, urgent court relief may also be worth considering. The appropriate remedy depends on the facts and evidence, and court proceedings can add expense and delay. Understanding your options before taking action is very important.
A formal accounting of estate accounts can help you understand what has happened to the estate's money. This process should show the assets in full at the time of death, and those located subsequently, a complete accounting of expenses paid and debts settled, and the final distribution after all taxes have been taken into consideration.
Common Questions asked by a Beneficiary
As a beneficiary of a Will, you also may have similar questions when an estate administration takes longer than expected. Here are some of the very frustrating questions that we address and resolve for clients:
- When does a personal representative need to provide me information?
- Can a personal representative refuse to give me information?
- How do I know whether an expense/debt is legitimate?
- Does the personal representative have the final say on managing assets of an estate?
- Does the personal representative have final say on the exact division of assets of an estate?
- What if I suspect the personal representative is taking funds from the estate they are not entitled to?
- Can I force a personal representative to pay what I am owed from the estate without further delay?
- Can the timeline for the management of an estate be shortened?
- Can a personal representative be removed from administering an estate? What happens if they are removed?
If you are facing unexplained delays, unanswered questions or concerns about an executor's conduct, understanding your legal options can help you move forward with greater confidence.
Please contact us today for a free consultation with our estate lawyers to discuss your concerns and learn about the options that may be available to you. The right next step will depend on your circumstances, your entitlement under the Will and the way the estate has been administered. Family Central Law may be reached by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page.
