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

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?.

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Attorney answers 2


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.

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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.