There is paperwork you can file and actions you can take that can alert the Probate Court to these issues and prompt the Probate Court to take a closer look at the estate administration. So what do you do if you think the executor is stealing money from the deceased’s bank account or working with an appraiser to incorrectly value items in the estate for their own nefarious purposes, for example? Consult with an estate attorney or with the Probate Court. What do I do if I think the executor may be breaching the fiduciary duty? The authority to make decisions rests with the executor. Nowhere in the executor duties is an individual serving in the executor role required to include the beneficiaries in the decision-making process for any of those executor duties. So while open and frequent communication between the executor and beneficiaries about the tasks in the executor role is always a good idea, it may not be required. While the executor duties require that beneficiaries receive some information, including notice that they are listed as a beneficiary in the will, an executor will likely be able to perform the executor duties without providing a play-by-play to all the beneficiaries. Some serving in the executor role will be great communicators, while others get by with the bare minimum. One of the keys to being a good executor is to communicate with the beneficiaries. An executor also cannot use his position to break the law–stealing from the estate, for example. An executor cannot do things that would knowingly hurt the value of the estate or an asset in the estate. ![]() This means that an executor cannot use his position to advantage one beneficiary over another, for example. An executor must act in the best interest of the beneficiaries while serving in the executor role. In this context, the most important executor duty is the fiduciary duty. To know whether an executor is in breach of their duties, you must know what those duties are. ![]() ![]() She wants to know–what can be done to ensure the executor duties are being fulfilled correctly? What’s required? The individual is concerned that the executor of a relative’s estate might not be acting in good faith that she might not be honest in her communication or may be acting unfairly in some way. We received a question recently from an user and instead of just responding individually, we thought it would be beneficial to share our thoughts with everyone. What do you do if you suspect the executor is in breach of the fiduciary duty?
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