Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. As a result, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary.  Conversely, if all efforts fail to appease the belligerent beneficiary, an executor may have to take action to move the estate forward.

The Right Time to Confront a Belligerent Beneficiary

If an executor is dealing with a belligerent beneficiary, confrontation is an action of last resort. So, before an executor decides to confront a belligerent beneficiary, an executor should consider the following:

1. An executor must understand the rights of a beneficiary and consider the consequences of a confrontation. The belligerent beneficiary could move to have an executor replaced or contest the will.
2. An executor must follow the rules of handling a belligerent beneficiary. If an executor follows the guidance of an attorney; administers the estate within the laws of the probate court; and administers the estate according to the will, then an executor has little to worry about.
3. Consider how other beneficiaries feel about the administration. If other beneficiaries have grievances, perhaps the belligerence is the fault of the executor. Therefore, the executor must change the approach to the administration.
4. Avoid confrontations until completion of a major phase of the estate. An executor has to think about possible replacement and leaving the next executor in a good position. The estate should at least have a solid administration plan with the asset settlement phase completed.
   

So, only after considering the above options would be the right time for an executor to move towards a confrontation. If an executor decides to move forward with a confrontation, the confrontation must be forceful, but professional. Moreover, during the confrontation, an executor should promise a consequence to the belligerent beneficiary if the antagonizing behavior persists. Otherwise, absent any consequences, the belligerent beneficiary will continue the bad behavior. In the end, the belligerent beneficiary should quiet down with little or no consequence to an executor.

Not all Estates are Equal

In my experience as an executor, I had the misfortune of dealing with a belligerent beneficiary. As described in the article Moving the Personal Possessions Reserved for the Belligerent Beneficiary off the Estate, a confrontation did occur. After the confrontation, the belligerent beneficiary finally accepted the personal possessions and quieted down. So, after months of harassment, the confrontation allowed me to move the estate forward.

In the end, my confrontation worked out because of circumstances related to the will. There was nothing in the will about distributing personal property of the decedent. So, the belligerent beneficiary had no recourse and had to relent. However, circumstances may vary on any given estate and conflicts may persist even with confrontations. Regardless, if an executor follows the rules mentioned in option two above, the estate should close without consequence.

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References

Know your Beneficiaries – Review the few rights beneficiaries have to an estate.