Wrongful Acts of Fiduciaries
When an estate goes through the administration or probate process in New York, a fiduciary—known generally as the executor, administrator, trustee or personal representative—is appointed to facilitate the appointment process.
Once the necessary parties are notified and the requirements are satisfied by New York State law, then the petitioner is appointed as the administrator by the court, also known as the fiduciary.
When there is a trust document and it is filed with the court. The petitioner will seek appointment as trustee and once the court determines the trust is valid and all the requirements are met, the court will then appoint the trustee and issue letters of trusteeship. The trustee is also known as a fiduciary.
The fiduciary has several responsibilities—administration of the estate in a timely fashion, compiling an accounting of the assets of the estate, obtaining valuations of property, paying last debts and taxes, overseeing the orderly distribution of estate property, compiling records and accounting for the financials—and the fiduciary must act always giving priority to the best interests of the estate. Unfortunately, this doesn’t always happen.
The fiduciary is not allowed to live in the property owned by the Estate or allow a family member or friend to stay and not pay rent, fraud, improper gifts, self-dealing, commingling of funds, losses created by the neglect of the fiduciary, these are just some of many many examples of improper behavior that may amount to a breach of duty. These wrongful acts can result in damages, removal etc.
If you have concerns about the actions of an estate fiduciary, contact the Law Office of Bonnie Lawston. We have more than 20 years of experience handling estate litigation for people throughout Nassau County and Suffolk County on Long Island.
Our Representation in Fiduciary Actions
We work with people at any stage of an estate fiduciary action, helping you take the right steps to protect your interests. We handle a broad range of fiduciary disputes, including controversies involving:
- Breach of fiduciary duty—We will carefully review the actions of an executor, administrator, personal representative or other estate fiduciary, and will take legal action to stop all wrongful conduct and hold fiduciaries accountable for any breach of fiduciary duty
- Removal of a fiduciary—When a fiduciary has violated his or her duties, whether through self-dealing, conflict of interest, or other wrongful actions, we will help you take the appropriate steps to remove and replace the fiduciary
- Contested accountings—We will help you challenge an accounting or inventory of assets, as well as fiduciary accounts of income or expenses related to an estate
Out-of-State Executor Attorney
We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.
There are Two Types of New York Estates
- The Decedent resided in NY at the time of death and their domicile is New York at the time of death; or
- There are assets located in NY, at the time of death, and an ancillary proceeding is needed. The Decedent may have died elsewhere
More information about out-of-state probate help.