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one last gripeThree days after mailing the distribution checks, the belligerent beneficiary made one last gripe. Unfortunately, the belligerent beneficiary made the mistake of contacting my attorney to complain. Since the attorney was under instructions to refuse direct contact from the beneficiaries, the attorney referred the gripe to me. As a result, the effort by the belligerent beneficiary to avoid contact with me failed. Anyway, the attorney informed me by email that the belligerent beneficiary had the following complaints about the distribution:

  • The beneficiary didn’t understand why the distribution happened early: that distributing early was against probate rules.
  • The beneficiary wanted to know why a final inventory and a final accounting wasn’t provided along with the distribution.
  • Since the beneficiary didn’t know about the distribution, the beneficiary felt slighted.

After reading the email, it was obvious to me that the belligerent beneficiary didn’t read the email sent to all beneficiaries about the distribution as mentioned in the article Estate Income Tax Returns: Execute the Plan. At first, I thought it was just an oversight that led to a misunderstanding. However, after further thought, it felt like one last gripe. After claiming the estate broke probate rules and not sending reports, this wasn’t a misunderstanding. To me, it was typical behavior from the belligerent beneficiary displayed throughout the entire administration. So, in reply to the attorney, I assured the attorney that I would handle the complaints appropriately.

The One Last Gripe and the Appropriate Response

After replying to the attorney, I sent an email to the belligerent beneficiary. The email was firm, but fair in tone. The points made in the email were as follows:

  • All beneficiaries received an email from me discussing the reason for the early distribution and when the distribution would happen.
  • The distribution was only a partial distribution and didn’t break any probate rules.
  • A final distribution won’t take place until a final inventory and a final accounting receives approval. At that point, all the beneficiaries will receive the final inventory and the final accounting.
  • All beneficiaries are still on a need-to-know basis.  
  • I informed the belligerent beneficiary not to respond to this email because nothing will change.
  • Then I asked for patience as the estate was near closing.

So, after I sent the email, all was quiet. Apparently, the belligerent beneficiary thought the complaints received adequate answers.

When to Disregard Whining Beneficiaries

Fortunately, as executor, the one last gripe happened at a good time. The timing of the gripe happened shortly after sending the distribution checks. At the time, I was beginning preparations to close the estate. So, I had the time to address the complaints.

Regardless, as executor, if you have approval to close the estate, never let whining beneficiaries get in your way. To close the estate, an executor has to prepare a final inventory and a final accounting. So, an executor needs to focus on completing those reports, which leaves little time for distractions.

In the end, sending an email to all beneficiaries asking for patience is the best approach. If a beneficiary whines anyway, ignore that beneficiary.

Was this article insightful? Do you understand why an executor needs to focus on the estate closing without distractions? Share your comments or questions in the comment box below.