What can be done if the administrator of an estate used money in the estate without permission from the beneficiaries?

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What can be done if the administrator of an estate used money in the estate without permission from the beneficiaries?

Asked on August 19, 2015 under Estate Planning, Washington

Answers:

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

Answered 6 years ago | Contributor

The administrator executor has committed a breach of the duty of good faith and fair dealing.  The beneficiaries can sue the administrator executor and seek a constructive trust.  A constructive trust will require the administrator to return the funds to the estate.  A constructive trust will also be used to trace the funds to any acquisitions made by the administrator so that those items or their value can be recovered and returned to the estate.


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