What can be done about an executor WHO has taken out a personal loan in the deceased’s name?

Asked on August 15, 2015 under Estate Planning, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The Estate of the decedent (deceased person) should file a lawsuit for fraud against the executor in probate court and the lawsuit should also request that the executor be removed and a successor be appointed as executor.  

Not only has the executor committed fraud by taking out a personal loan in the name of the decedent, but this is also a breach of the executor's fiduciary duty of good faith and fair dealing.

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