What Are Examples of Executor Misconduct? | RMO Lawyers

An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made it.
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The executor has a fiduciary duty to the beneficiaries of the estate, which means that they have to act in good faith and in the best interests of those beneficiaries. Unfortunately, sometimes executors engage in misconduct, which can create problems for the beneficiaries.
Some examples of executor misconduct include:
-- Participating in theft, misappropriation, or embezzlement.
-- Harming the interests of the estate and its beneficiaries.
-- Mismanaging estate assets.
-- Failing to pay the estate’s creditors, taxes, or other expenses.
-- Withholding inheritances or needlessly delaying the administration of the estate.
-- Hiding, omitting, or otherwise misrepresenting estate assets.
-- Collecting inflated fees.
-- Disobeying court orders.
As you can see, there are many ways in which an executor can engage in misconduct, and if you are a beneficiary of an estate, it’s important to be aware of these potential problems. If you have any concerns about the way an executor is handling an estate, you should seek legal advice as soon as possible.
What is Executor Misconduct?
Executor misconduct refers to any inappropriate or illegal action taken by the executor of an estate. As discussed above, this can include anything from self-dealing (using estate assets for personal gain) to outright theft. Executor misconduct can have serious consequences for the individuals involved, as well as for the beneficiaries of the estate.
Can Heirs Sue an Executor?
Yes, heirs can sue an executor if they commit misconduct or otherwise violate their fiduciary duties. For instance, if the executor engages in fraud and steals from the estate, the heirs can initiate a lawsuit against the executor in an attempt to recover damages to compensate them for the theft.
Additionally, under California Probate Code §8500, the heirs of the estate (or any other interested party) can petition the probate court for the removal of the executor from office.
According to California Probate Code §8502, an executor can be removed from office for any of the following reasons:
-- The executor has wasted, embezzled, mismanaged, or committed fraud on the estate, or is about to do so.
-- The executor is incapable of properly executing the duties of the office or is otherwise not qualified for appointment.
-- The executor has wrongfully neglected the estate or has long neglected to perform any act as executor.
-- Removal is otherwise necessary for the protection of the estate or interested persons.
How Can Heirs and Beneficiaries Get Their Rightful Assets Back?
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
California Probate Code §9601 states that if an executor breaches a fiduciary duty, they can be held liable for:
Any loss or depreciation in value of the decedent’s estate resulting from the breach of duty, with interest.
Any profit made by the personal representative through the breach of duty, with interest.
Any profit that would have accrued to the decedent’s estate if the loss of profit resulted from the breach of duty.
In some cases, there may be additional legal claims that can be pursued against the executor, and the court might even order the executor to pay punitive, double, or treble damages as additional compensation to the aggrieved heirs and beneficiaries.
No matter what the circumstances, it’s vital that you discuss your situation with an experienced probate litigation lawyer as soon as possible if you believe that the executor of an estate has committed misconduct. An attorney can investigate the allegations and take appropriate legal action to recover any assets that have been misappropriated and/or remove the executor from their position and have someone else appointed in their place.
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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@001rice]

The executor of my father's estate is my uncle, brother to my father. Long story short, the executor has stole the estate, is now collecting rent for the property, none of the beneficiaries have been paid. I tried from the start to have executor removed because I knew my uncle was going to benefit himself as he does not like any of beneficiaries, he was gaslighting and slandering us from day one, and to add insult to injury, my lawyer helped my uncle's lawyer steal the property. Now I'm working on filing a complaint to report the two lawyers involved.

[@mosesthomas3976]

Wowwww did you win

[@cynthiaengle3226]

My father passed away in June 19, 2021! My half sister was the Executor of a living trust and did not put any effort into filing to the Probate Court! She left all responsibility onto me (only natural child of my parents! Never was told Life insurance policies or banking statements! Nor kept me from how their home was going to be handled. Including any other financial gains. Their home was actioned off and I never received any of from her! There’s more to tell about her mishandling her duties as trustee of mom and dad’s house, life insurance and any assets they might have had! I didn’t even know whereabouts of dad’s ashes or even a death certificate! She now lives on an estate with her grandchildren and son & daughter their spouse’s! Dad’s safe was empty and mom’s jewelry amawa was cleaned out without telling me about where did everything go? I had to pack up everything left over and have a storage unit, which I pay monthly! Is there any way to find out what my parents had? Suing her would be my pleasure! Thanks, Cynthia

[@dubtroub3430]

Have you had any progress in this issue? My wife is going through the same thing

[@geminirising633]

This information came right on time. I have an ill grandmother with a BAD executor. She cut off all communication with me and my grandmother, sold her house before she was allowed to and threatened to steal my inheritance. 😕😕 The movie “I care a lot” describes my situation to the T!!! I feel so helpless. 😢

[@cynthiaengle3226]

Hi Gemini ♊️ I’m one as well! The only help I can get, is very costly and I cannot afford &25k for an attorney! But, I found out that if you go through a Civil Court; it’s worth trying! Be sure you have dates, times, receipts, and Executor’s paperwork in hand! Be ready for Judge hearing your side of case; TOO THE POINT!(Judges have very little time) Bring Doctors notes if you’re in distress or taking medication because of this issue and any documents that you feel are important and make copies! I am going to do this with my sister, but I just don’t have time right now! I wish you the best and luck with your case if you have one! Thank you for writing me. Hopefully I’ll hear from you soon with good news! Cynthia:)

[@mosesthomas3976]

Wow I have a similar story

[@geminirising633]

@@mosesthomas3976 oh,no! 😭

[@basicprogrammer6147]

@@cynthiaengle3226 Do you mean "probate court"?

[@jimmoravec1326]

@@cynthiaengle3226 You are correct this is a civil matter, and basically the only way you will get this to court is hire an attorney that specializes in probate. I’m sorry but that’s about only the way it can be handled. There is too much for the average person to comprehend /understand. It’s a very crooked game, if you can’t afford to play then be prepared to lose. Good luck, I hope things work out in your favor

[@tylenewhite5524]

Too bad that jail time in civil court doesn't happen to executor 😒 for fraud, embezzlement, perjury.

[@mylgphoneelgee162]

If embezzlement is up to or over $950 it can be criminally prosecuted as a felony.

[@tylenewhite5524]

@@mylgphoneelgee162 Thank you so much for letting me know. I am so happy to hear this information Do you know if theft of an estate is "transferred" from Probate court to Federal court; or is the crime tried in probate court?

[@JudgeCommitee-ck5wq]

NICER 837PC SOP Police Responders and Citizen restrainers will be arresting anyone tampering with their Premium Legal Instruments starting in April.

[@maddscientist3170]

Sibling has been living in the estate residency for 3 yrs with NO rent to the estate & have moved in 2other people who also are NOT paying rent to the estate......We are co- executors...neither have monies to keep up the estate, back taxes of 3yrs. + FHA loan for roof... I want to sell, he is pleading "homeless" if the unkept house goes up for sale....it's insanity...and there is a grandchild who has a bequethment

[@Sharon-sw7mr]

Thank you very much for this video.

[@Truth_Seeker407]

Out of Florida but father-in-law passed away and we were left with whatever the evil ex stepmother was able to provide as his wiill. He was out of Virginia and the ex Steph wife still lives in Virginia with her two kids that are over 18. First wife had two daughters. Second wife had two sons and stated verbally that her father wanted the kids to have money so they could continue their education and not have to ever need anything just to just to leave us with nothing but one parcel last year when she attempted to become the executor successfully. This is a terrible situation as the daughters are Daddy's girls

[@ashleya.6181]

My sons father passed away in 2016. I was in my 20's and knew nothing about probate, wills, or anything else. I now found out that my sons father's mother had me sign a document she said was to set an account up for my son. I asked her if i could take it & read it. She started crying & showing me my then fiances autopsy & explained to me after she needed it by tomorrow & to trust her. I signed it now 2023 I found out through a mutal friend of my then fiance that she had a court hearing in regards to life insurance & had it transferred to herself. I am so shocked that someone could do something like this! My worry is that there will be nothing left for our son when hes 18. Is there anything i can do about this?

[@lorismith8479]

Sue her for lack of informed consent….but unfortunately you will need a lawyer…Hope you find an honest one

[@mosesthomas3976]

What do you do when executor doesn’t want to act or renounce from there duties?

[@basicprogrammer6147]

Here's another big question: If I successfully remove the trustee and take over per my father's will, could I commence with distributing trust assets to the contingent beneficiaries? My mother is primary beneficiary and my sisters and I may have to wait until she dies to get anything. However, I can easily prove that my mother has behaved very badly. Not only that, but she is now contesting his will. His will states that if anyone contests his will, they are to be removed from his estate and his will states it is as if the person predeceased him. So, she is completely out of the trust, correct?

[@user-xj9gm6te2v]

My husbands brother tricked him out of being executor,my husband was executor and his brother was co executor,he tricked him into signing a paper at the courthouse but my husband only went with him because he thought they were going to the bank to get money for his dad's funeral,what can be done..his brother is now not wanting to follow the will

[@jimmoravec1326]

The problem is that your chances of suing the Trustee for all that has been mentioned is slim to none regarding your chances to succeed. Doesn’t matter what the will or trust says it’s completely up to the trustee. If the trustee decides that they want to have all of the trust assets then that’s what will happen.

[@m998hmmwv7]

BS...😂

[@jimmoravec1326]

@@m998hmmwv7 😂 just stating the facts 😆

[@angelobauer3228]

Promo>SM

[@basicprogrammer6147]

My father wrote a will, funded a trust, and died. My 3 sisters and I are beneficiaries. My mother is trustee. She is absolutely behaving badly. She sold real estate property belonging to the trust. Now, my mother is claiming she has power to appoint and hence is removing me from the irrevocable trust. Here's my problem: She sobs in court. The female judge jumped down off her bench, put her arm around my mother, and said "there, there, let's get you away from that bad man!" I lose.

[@danhove]

What happens when four different states are involved? California, Texas, Washington and Wisconsin? The executor sold off all the assets and properties and committed allevrhevacts you mentioned. But i can't afgord a lawyer.