[KS] How do I challenge an executor’s decisions?
My father died in January 2023. My brother and I are co-beneficiaries of the estate in Sedgwick County, Kansas. I declined to serve as co-trustee and co-executor because I live out of state state, so my brother is serving in both those positions. I also signed a waiver of bond and agreed to the use of the Kansas Simplified Estate Act. He promised monthly phone calls and to settle the estate quickly. I’ve spoken to him twice in two years. He refuses to give me information, won’t put the house up for sale, won’t sell the vehicles — I could go on. What can I do? I’d like to get as much information as possible; I’m sure a letter from an attorney will get his attention. I’d appreciate guidance. Thank you.
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Under Kansas law, as a co-beneficiary, you have rights that don’t vanish because you’re not serving as trustee/executor. The Kansas Uniform Trust Code and probate statutes require a trustee/executor to keep beneficiaries “reasonably informed.” That means regular updates, reasonable responses to information requests, and acting to protect the estate and beneficiaries.
You mentioned the house hasn’t been sold, vehicles are sitting, and nothing’s been done two years after death. That’s concerning. While Kansas doesn’t set a strict deadline, absent special complications (litigation, contested claims, unusual tax issues), estates are generally expected to be substantially wrapped up within about a year to 18 months. Two years with no progress is a red flag.
Practical steps I recommend:
- Send one more direct written request (polite but firm). Ask for a detailed status update including:
- Current value and status of all assets (house, vehicles, bank accounts, etc.)
- Debts paid or outstanding
- Whether a final accounting has been prepared
- Whether/when distributions will be made
- If he ignores you or brushes you off, file a petition with the probate court in Sedgwick County asking the court to compel a formal accounting. You don’t need to accuse him of theft initially — you can simply ask the court to enforce his duty to report. The court can order reports, direct sale of assets, or even remove him as executor/trustee if he’s failing his duties.
- If you prefer to avoid immediate court action, have an attorney send a written demand on your behalf. Often a letter from counsel — explaining your rights and stating that legal action may follow — gets results.
This letter doesn’t have to be hostile; it can be a straightforward demand for a formal accounting and prompt administration. Many times, that’s enough to motivate a reluctant executor.
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My father died in January 2023. My brother and I are co-beneficiaries of the estate in Sedgwick County, Kansas. I declined to serve as co-trustee and co-executor because I live out of state, so my brother is serving in both those positions. I also signed a waiver of bond and agreed to the use of the Kansas Simplified Estate Act. He promised monthly phone calls and to settle the estate quickly. I’ve spoken to him twice in two years. He refuses to give me information, won’t put the house up for sale, won’t sell the vehicles — I could go on. What can I do? I’d like to get as much information as possible; I’m sure a letter from an attorney will get his attention. I’d appreciate guidance. Thank you.
Lexi, Chatbot
I’m sorry to hear that. Have you tried communicating your concerns to him in writing?
Yes, in text messages. He acts like he’s the only beneficiary, like I don’t even exist. I’m pretty old — I think he’s waiting for me to die.
Lexi, Chatbot
Have you considered seeking legal advice to understand your rights and options in this situation?
I’m trying to do that right now.
Brandon
Hi — welcome. I’m Brandon and I’m an attorney.
Hi.
Brandon
Under Kansas law, as a co-beneficiary, you have rights that don’t vanish because you’re not serving as trustee/executor. The Kansas Uniform Trust Code and probate statutes require a trustee/executor to keep beneficiaries “reasonably informed.” That means regular updates, reasonable responses to information requests, and acting to protect the estate and beneficiaries.
You mentioned the house hasn’t been sold, vehicles are sitting, and nothing’s been done two years after death. That’s concerning. While Kansas doesn’t set a strict deadline, absent special complications (litigation, contested claims, unusual tax issues), estates are generally expected to be substantially wrapped up within about a year to 18 months. Two years with no progress is a red flag.
Practical steps I recommend:
- Send one more direct written request (polite but firm). Ask for a detailed status update including:
- Current value and status of all assets (house, vehicles, bank accounts, etc.)
- Debts paid or outstanding
- Whether a final accounting has been prepared
- Whether/when distributions will be made
- If he ignores you or brushes you off, file a petition with the probate court in Sedgwick County asking the court to compel a formal accounting. You don’t need to accuse him of theft initially — you can simply ask the court to enforce his duty to report. The court can order reports, direct sale of assets, or even remove him as executor/trustee if he’s failing his duties.
- If you prefer to avoid immediate court action, have an attorney send a written demand on your behalf. Often a letter from counsel — explaining your rights and stating that legal action may follow — gets results.
This letter doesn’t have to be hostile; it can be a straightforward demand for a formal accounting and prompt administration. Many times, that’s enough to motivate a reluctant executor.
Thanks!
Brandon
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