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When an executor breaches their fiduciary duties

On Behalf of | Jul 26, 2018 | Estate Planning And Probate

Estate planning and probate can be tough for many reasons, emotions can run high and all people involved may be confused about certain facets of the process. Setting up and modifying an estate plan can be tricky, but it can also be difficult for people to deal with an estate following the loss of their loved one. Not only is this true for executors, but beneficiaries may also face challenges. For example, an executor may fail to live up to his or her fiduciary duties, at which point beneficiaries and those concerned should look into their options and handle the issue promptly.

The breach of fiduciary duties may take a number of forms. For example, an executor may fail to distribute the assets of an estate plan properly. This may be done intentionally, by someone who holds a grudge against one of the beneficiaries, or it may be done accidentally. If you believe that you were supposed to receive certain assets and the executor failed to manage the estate plan correctly, you may be able to resolve the problem by taking your case to the courtroom.

On the other hand, some executors are also falsely accused of the breach of fiduciary duties, which can also be overwhelming and create confusion. Whether you believe that an estate plan has not been executed appropriately or you feel that you are being falsely accused of these violations, it is crucial for you to ensure that your rights are not violated and promptly address the situation.