What is the statute of limitations for prosecution of an executor for breach of their fiduciary duty?

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What is the statute of limitations for prosecution of an executor for breach of their fiduciary duty?

Asked on January 27, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't exactly specify the nature of the breach of fiduciary duty... but different statutes of limitations apply to different forms of breaches.  In general civil litigation, your looking at a two to three year limitation.  In a criminal law breach, you could be looking at up to seven years.  If your time has lapsed, don't stress just yet.  Most breach of fiduciary duty statutes will have provisions that allow you to extend the statute of limitations if you had not reason to believe of the breach... your statute of limitations, however, will start re-ticking from the time you learn of the breach.  If you are looking at pursuing a claim, I would suggest doing it sooner than later so that you don't run into additional limitations issues.


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