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When appointing an executor or trustee of your will or trust, it is important that you nominate someone who will not cause problems in the future. Many people choose to nominate one of their children or another family member but this often causes issues in the future after the death of a loved on. Often, death creates conflict between family members and if the trustee or executer of the will or trust becomes dishonest or uncooperative, issues arise. The last thing your loved one wants is a family war after their tragic passing.

As a trustee or executor, you become a fiduciary of the estate and the beneficiaries of the will or trust. As a trustee, you are supposed to always look out for the best interests of both the estate and the beneficiaries. Intentional actions or decisions that could harm the estate are frowned upon and are at the base of most issues involving trust accounts and wills.

It is recommended that those appointing a trustee or executor of their trust or will should hire a professional rather than a family member to avoid any turmoil. If you, as a beneficiary of a will or trust, find yourself having issues with the trustee you have a variety of options. The first step is to file a petition with the probate court.

If you expect mismanagement, you can file a petition for an accounting with the probate court. If the court honors your request the trustee will be required to provide a detailed account of all monies and other assets which have come and gone within the trust. If you suspect embezzlement or mismanagement, you can file a civil claim for conversion.

If you are having issues with a trustee or executor, you should file a claim immediately and speak to a professional. Gaudy Law is available to help you decide the next course of action with a misbehaving trustee. Contact us today and speak with one of our skilled representatives who can help you with each step of the process.

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