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What are my rights and options if my aunt, the executor of my deceased parent's estate, hasn't taken any action or distributed any assets in 23 months?

According to probate laws, an executor has a fiduciary duty to act in the best interests of the beneficiaries, and failure to do so can lead to legal action.

In most states, beneficiaries have the right to request an accounting of the estate's financial activities, which can help identify any mismanagement or neglect.

If an executor is not performing their duties, beneficiaries can petition the court to remove them and appoint a new executor, a process known as "removal of executor."

The concept of "executor's discretion" allows the executor to make decisions about the estate, but it's not absolute, and beneficiaries can challenge those decisions in court.

In some cases, beneficiaries can claim compensation for losses incurred due to the executor's negligence, which can include financial losses or emotional distress.

The laws of intestate succession, which govern the distribution of assets when there's no will, vary by state, and understanding these laws is crucial in resolving estate disputes.

When a beneficiary dies before the deceased, their gift usually lapses, and the asset is redistributed according to the will or state laws.

In some states, a beneficiary can contest a will if they believe it's invalid or if they were unfairly left out, a process known as "will contest."

Heir property laws allow family members to claim ownership of property if there's no will or if the will doesn't specify how the property should be distributed.

When dealing with an uncooperative executor, documenting all communication attempts and evidence of neglect can be crucial in building a case for removal or compensation.

The estate administration period, during which the executor is supposed to settle debts and distribute assets, can take months or even years, depending on the complexity of the estate.

In some cases, the court can appoint a conservator to oversee the estate and ensure that it's being managed properly, especially if there are allegations of misconduct.

If there's no will, the estate may pass to the Crown or the state, depending on the laws of the jurisdiction.

Executors are legally required to notify all beneficiaries and heirs of their role and the estate's status, failure to do so can lead to legal consequences.

Beneficiaries have the right to request a copy of the will and any other relevant documents, and the executor is obligated to provide them.

In some states, executors can be held personally liable for any losses or damages caused by their negligence or misconduct.

The concept of "executor's liability" means that an executor can be sued for breach of fiduciary duty, and beneficiaries can claim compensation for losses incurred.

If an executor is causing unnecessary delays or refusing to distribute assets, beneficiaries can apply to the court for an "order to show cause," which requires the executor to explain their actions.

In some cases, beneficiaries can negotiate a settlement with the executor to resolve disputes and avoid lengthy court battles.

Executors are required to keep accurate records of the estate's financial activities, and failure to do so can lead to allegations of mismanagement or fraud.

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