What can be done if the executor of a Trust is not properly performing their duties?

Asked on July 27, 2015 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A "fiduciary duty" is the duty implied when someone is put in a position of trust to benefit the other, such as that between an executor/trustee and beneficiaries if there is a Will/Trust. An executor/trustee owes a duty to exercise its obligations in accordance with the Will/Trust under which it was appointed. As a result, an executor/trustee must at all times exercise good faith and put their interests second to the interests of the beneficiaries and/or estate.      

if you feek that there may be either fraud, negligence, and/or other misconduct on the part of the executor/trustee you can contact the court in question and/or consult directly with an attorney on all. You can possibly have the executor removed for breach of their fiduciary duty. If so, you will then need to have someone else appointed who can challenge any transfers and transactions that may have been made which were not in the best interests of the estate (and get the money refunded), and move to have an accounting of the estate. If the executor, is bonded you may also be able to go after any insurance money to recoup losses, if any.

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