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The most common charge would be fraud. Another is breach of fiduciary duties. The court can request a full accounting from the executor.

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10y ago

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Can you take civil action against an executor?

As long as your question is referring to the executor of a will, than the answer to your question is yes.


Can legal action be taken against an executor of an estate if he does not follow wishes of heirs?

The executor is required to execute the terms of the Will, or follow the laws of intestacy (if there was no Will), not comply with the wishes of the heirs.


Is the executor or executrix legally bound to execute the will as written?

Yes, the executor is legally bound to fulfill all directions in the will. If an executor has a question about the legality of some particular direction (such as scattering cremated ashes in a place where it is not allowed), the executor has the right to file an action in the probate court for what is called "advice and directions". All beneficiaries will get notice of the action and have a right to be heard for or against the issue and the court will decide what the executor is to do.


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If you mean some sort of medical benefits the answer is no.


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Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?

The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.


What action can be taken against your brother who is the executor of your fathers will for mishandling the inheritance that was to be divided between three siblings?

Your brother has no power as the executor until he has been appointed by the court. Once he has been appointed he will have the power to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. If he abuses his power you can complain to the court. If he has mishandled the estate he will be required to pay the missing funds to the other heirs.


How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?

When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.


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When did Missing in Action - video game - happen?

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