Written by attorney Russell Paul Nowell

What do I do when an executor or trustee is not following the will or trust?

An executor or a trustee is a fiduciary. That means that the executor is required to answer to the Court for the way the executor has handled other people's money. If he has failed to fulfill his duties, he needs to be asked to account for his actions. If he has failed to perform his duties, the Court will require that his share of the estate be reduced to reimburse you for the expense of calling him to answer for his failure to handle the estate correctly in most cases. If an executor or trustee seems to have faile dto perform his or her duties, since they may have to pay for your attorney, you should find a great local attorney and retain her or him immediately to review the matter for you.

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