Experience In Removing Executors, Trustees And Administrators
When fiduciaries — executors, administrators or trustees — do not fulfill their obligations to the decedent, estate or trust, you may seek to have them removed. To accomplish this, you will need representation from an experienced probate litigation lawyer.
At Daniels Norelli Cecere & Tavel P.C., we represent family members and other beneficiaries who suspect fiduciaries of failing in their duties. We can also defend executors, administrators and trustees who have been petitioned for removal from the estate or trust. You can rely on our experience with probate litigation involving estates of all sizes. Our attorneys have been practicing in estate, trust and probate law for over 30 years.
You Can Remove Fiduciaries Who Mismanage Estates And Trusts
If you are seeking to remove a fiduciary from an estate or trust, we can petition the court on your behalf. We will request an accounting of the estate to determine how the assets have been spent or distributed as well as how many assets remain. If we determine that the estate or trust has been mismanaged, the case may go to trial.
Litigation can remove the fiduciary if he or she has been mishandling the estate or trust. Some of the most common reasons that people seek to remove fiduciaries include:
- Breach of fiduciary duty
- Disputes between fiduciaries and beneficiaries
- Failure to provide information to the beneficiaries
- Misappropriation of assets
- Improper asset allocation
- Disputes regarding compensation for executors/administrators, trustees or attorneys
This is not a complete list. Please speak with us about your specific case. We can explain your options and the process for removing an executor, administrator or trustee.
What Is A Breach Of Fiduciary Duty?
Every executor, administrator or trustee has the legal duty to make decisions based on the best interests of the beneficiaries and the estate itself. Fiduciaries must put this duty before their own interests. When they do not, they may be the target of a breach of fiduciary duty claim.
Common breach of fiduciary duty claims involve mismanagement of estate assets or delayed payment to the estate’s beneficiaries. However, some fiduciaries may be accused of more serious claims such as fraud or embezzlement of estate assets. If you have been affected, do not hesitate to take immediate legal action. A breach of fiduciary duty claim may assist you in removing a fiduciary, making them face criminal charges or forcing them to refund the estate for the amount lost.