Executor Breach of Fiduciary Duty: What You Can Do

When a loved one dies, we hope that their will and intentions are being carried out according to their wishes. Unfortunately, this is not always the case. In some instances, the executor of the will – the person responsible for carrying out the instructions in the will – does not follow the deceased person’s intentions. Or, you may suspect the deceased was somehow influenced or coerced by the executor, agent or someone else involved in managing the estate to make certain decisions that impact the beneficiaries and heirs.

Defining a Breach of Duty

A breach of fiduciary duty is when a person responsible for managing the will, such as an executor, acts in their own best interests, and not in the best interests of the deceased.

Examples of a breach of fiduciary duty include:

• Acting in their own self-interest and disregarding the beneficiaries’ intent
• Misappropriating money or assets from the trust or estate
• Paying themselves large fees to act as executor
• Selling assets at prices unfavorable to the estate
• Failing to take action or respond to beneficiaries’ requests
• Ignoring deadlines for court documents, creditors and other time-sensitive actions
• Failing to comply with laws and regulations regarding the administration of the trust or estate.

Speak to an Attorney for More Information

If you are an heir, a creditor or someone who is impacted by the estate and you suspect the executor or other agent is being intentionally negligent, fraudulent or untrustworthy, an estate litigation attorney can help you investigate and take action to remove the executor, and recover damages.

To talk to an estate litigation attorney in Chicago or Lombard about a breach of fiduciary duty, contact the Estate & Probate Legal Group at 1-630-800-0112.