Detailed Answer — Steps to recover a cash bequest from a sibling’s estate when the executor won’t cooperate (Maryland)
Short answer: If an executor refuses to pay a valid cash bequest in Maryland, you can demand an accounting, petition the Orphans’ Court to compel distribution or to remove/surcharge the executor, and, if necessary, seek collection through the courts. Act quickly, gather documentation, and consider hiring a probate attorney. This article explains practical steps, what the law requires, and where to go for help.
1. Understand the basic legal roles and rules
When someone dies with a will, the person named as executor (personal representative) manages the estate, pays debts and taxes, and distributes assets to beneficiaries according to the will. Maryland’s probate and Orphans’ Court system oversees this process. The executor has fiduciary duties: to act in the estate’s and beneficiaries’ best interests, to keep records, and to account for estate property and transactions.
Useful official resources:
- Maryland Courts — Orphans’ Court information: https://mdcourts.gov/courts/orphanscourt
- Maryland Register of Wills (probate basics and local offices): https://registers.maryland.gov/
- Maryland Code (Estates & Trusts) — statutory law on probate and fiduciary duties: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est
- Maryland Courts probate guide (practical pamphlet): https://www.mdcourts.gov/sites/default/files/import/probate/pdfs/probateguide.pdf
2. Document the right to the bequest and attempt informal resolution
Before filing anything, collect and organize all documents supporting your claim:
- Copy of the decedent’s will that names your cash bequest.
- Death certificate and probate case number (if the estate is open).
- Any communications (emails, letters, texts) with the executor about the bequest.
- Bank statements or other records showing the estate’s assets if available.
Send the executor a written demand: politely state that you are a beneficiary named in the will, identify the bequest, request a timeline for distribution, and request a formal accounting. Keep a copy. Sometimes a firm written demand resolves the issue without court involvement.
3. If informal requests fail: demand an accounting and file complaints
Executors must provide accountings and follow procedures required by the Register of Wills and the Orphans’ Court. If the executor refuses to cooperate, you have these options:
- Request an accounting in writing. Ask the executor for an itemized accounting of estate assets, receipts, disbursements, and distributions.
- Contact the Register of Wills. The Register’s office can tell you whether the estate is open and whether the executor has filed required documents (inventory, bond, accounts). Find your county Register of Wills through the Register of Wills.
- File a petition in the Orphans’ Court. If the executor refuses to provide an accounting or refuses distribution, you may petition the Orphans’ Court in the county where probate is pending. The court can compel an accounting, order distribution, surcharge the executor (monetary liability for breaches), or remove the executor for cause.
4. Common Orphans’ Court remedies
- Order compelling an accounting. The court can require the executor to file a full inventory and periodic accounts.
- Order for distribution. If assets are available and debts are paid, the court can order the executor to pay specific bequests.
- Removal and surcharge. The court can remove an executor who breaches duties (self-dealing, waste, failure to act) and can surcharge the executor to compensate beneficiaries for losses caused by mismanagement.
- Contempt or turnover orders. If the executor disobeys court orders, the court can hold the executor in contempt and impose sanctions, including forcing turnover of assets.
5. Practical court steps you (or your lawyer) will take
- Confirm the probate case number and local Orphans’ Court rules through the Register of Wills.
- Prepare and file a petition/complaint in the Orphans’ Court seeking an accounting and distribution. Include your status as beneficiary and attach the will and any relevant communications.
- Ask the court for interim relief if needed — for example, an order requiring the executor to retain and not dissipate estate assets, or to provide immediate partial distribution when required by the will.
- Attend hearings. The court may order discovery (documents, depositions) and set a schedule for accounting and distribution.
- If the executor has misused assets, seek removal and surcharge. If the estate lacks funds to surcharge an executor for their misconduct, the court can sometimes pursue the executor personally for damages.
6. When to consider hiring an attorney
Maryland probate and Orphans’ Court procedures can be technical. Consider a probate attorney if:
- The executor refuses to provide any accounting or actively conceals assets.
- You suspect self-dealing, theft, or serious mismanagement.
- The estate is large or complex, or multiple beneficiaries contest the executor’s conduct.
- You need help drafting and filing petitions with the Orphans’ Court or representing you at hearings.
7. Timing and practical considerations
Act promptly. Estates have timelines for creditor notices, tax filings, and distributions. If you wait too long, you may unintentionally waive rights. The Register of Wills can tell you whether required inventories and accounts were filed and whether distribution is legally premature because of outstanding debts or taxes.
8. If the executor is the only obstacle, alternative paths
- Ask the executor for a mediated resolution. Mediation can be faster and less costly than contested court proceedings.
- File a motion in Orphans’ Court for immediate relief (turnover, contempt, protective orders).
- If the executor is unreachable, the court may appoint a temporary administrator to protect the estate and continue administration.
9. Evidence and proof you will need
Courts decide based on documents and testimony. Keep and organize:
- The original or a copy of the will.
- Correspondence with the executor.
- Any statements showing the estate’s assets (public filings, bank statements, property records).
- Proof of the bequest (page of will, line showing your named bequest).
10. Costs and recovery
Bringing Orphans’ Court actions costs filing fees, possible attorney fees, and time. In many successful cases, the court can order the estate or the removed executor to pay beneficiaries’ court costs and attorneys’ fees if the executor acted improperly. Talk to an attorney about fee-shifting options in your case.
Helpful Hints
- Start with the Register of Wills: they can confirm probate status and required filings.
- Send a clear, written demand for an accounting and distribution and keep proof of delivery.
- Act quickly but calmly. Don’t threaten or escalate without clear documentation.
- Preserve all communications and gather the will and any related documents immediately.
- Consider mediation to avoid lengthy court proceedings if parties are willing.
- If the executor is dissipating assets, ask the court for an emergency order to freeze estate assets.
- If you suspect criminal theft or fraud, you can contact law enforcement in addition to civil remedies.
- Ask about fee-shifting — sometimes courts award costs and attorneys’ fees to beneficiaries when executors breach duties.
- Keep realistic expectations on timing: probate disputes can take months to resolve.
Next practical move
1) Gather the will and any communications. 2) Contact the Register of Wills in the county where probate was opened. 3) Send a written demand for an accounting to the executor and keep a copy. 4) If you receive no meaningful response, consult or file in the Orphans’ Court to compel an accounting and distribution.
Disclaimer
This article explains general Maryland probate procedures and options for beneficiaries. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Maryland probate attorney or contact the Register of Wills or the Orphans’ Court in the county where the estate is being administered.