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Addressing the breach of fiduciary duties

On Behalf of | Jul 8, 2017 | Estate Planning And Probate

If you are struggling with emotional pain after recently losing a loved one, daily life may be difficult. Moreover, you may be trying to work through various challenges brought on by the passing of someone you cared deeply about. Unfortunately, some executors fail to respect the wishes of those who set up an estate plan and breach their fiduciary duties. At Codispoti & Associates, P.C., we know how upsetting this can be for people in New York City, and around the whole state.

If you suspect that someone who was named the executor of your loved one’s estate has not distributed assets appropriately, you should not be afraid to have them held accountable for their actions. Whether they withheld property that had sentimental value for their own keeping or refused to carry out their responsibilities by denying you or another beneficiary assets they were entitled to, they should not be able to get away with what they have done.

Unfortunately, some people are worried that standing up for their rights will put even more strain on their family, which may be having difficulty moving forward after a loved one’s death. However, an executor who fails to respect the wishes of the decedent should be held answerable. Sometimes, speaking to an executor and having a discussion with relatives can resolve the situation, but going to court is often necessary.

If you navigate to our probate estate planning page, you will be able to read more information related to the breach of fiduciary duties.