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What can do I do as a beneficiary if I successfully remove a negligent executor and find out he withdrew the Estate's funds?

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What can do I do as a beneficiary if I successfully remove a negligent executor and find out he withdrew the Estate's funds from the Estate account?

Attorney Answers 3


  1. Ask the court to order him to account for and return the funds. This probably should have been done as part of the removal process.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. If an executor does not properly carry out his duties as representative of the estate, he can be sued for breach of fiduciary duty. Contact an attorney who handles such cases.


  3. I agree with Mr. Frederick: make a return of the funds part of the proceeding to remove the executor.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.

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