2007 to present primary executor fails fiduciary duties to cause detriment to estate.

Asked almost 2 years ago - Blythe, CA

Secondary executor preparing to begin the probate process. Has maintained original documents files for proof to show willful misconduct. can estate garnish any wages or on income from any source or place liens on property. does 7 years pose a problem for the estate?.

Attorney answers (2)

  1. Christine James


    Contributor Level 20


    Lawyer agrees

    Answered . There may be causes of action for breach of fiduciary on at least part of the breach but it has to be done with a very specific petition for accounting and breach of fiduciary duty. This is a complicated area and your best best for recovery is with the assistance of an attorney.

  2. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyer agrees

    Answered . The secocndary executor had better get a good probate lawyer on board. There are remedies against a fiduciary who has failed, but there is a specific way to proceed and you can't do it on your own.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more

Related Topics


A will is a document outlining your final wishes for your estate. In order to ensure your will is valid and your wishes honored, you must follow certain rules.

Kenneth Albert Vercammen

Will Signing

Will Signing Instructions Power of Attorney, Living Will and Notary duties Rev 12/7/13 INSTRUCTIONS FOR SIGNING WILLS When you hear the front door open, look in the Calendar... more

Executor of will

The executor of a will is the person in charge of finalizing the deceased's estate (paying bills, etc.) and distributing the estate according to the will.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,277 answers this week

3,340 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,277 answers this week

3,340 attorneys answering