Probate Fiduciary Duty Breach

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Summary

Executors in Washington have a fiduciary duty to manage estate assets properly. Mixing estate assets with personal assets can be a breach of this duty. Legal actions include filing a petition to remove the executor, requesting an accounting of the estates assets, and possibly suing for damages. Consult an attorney for specific advice.

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probate initial disclosure abuse of power and fiduciary duties
Hello Pat, I see you're dealing with a possible breach of fiduciary duties in a probate case. Can you provide more details? For example, what actions were taken by the person in power that you believe were improper?
The Petitioner failed as decedents Power of Attorney by denial of proper medical care and abandoning decedent to an employee. In addition, failed as Executor (possible Appointment of Personal Representative) by moving and mixing Estate Assets with personal assets of his and others acting on his behalf. Not to mention trying to strong arm the heirs / Respondents who have been trying to keep this out of court and keep attorney fees down and met every time with denial from the Petitioner and or his Counsel. Upon Decedents death the Petitioner should have opened checking account in the Estates name, disconnected utility services, stopped social secerity and workmans comp payments and contact Motor Vehicle Division concerning any Vehicles. Instead the Petitioner abused his position by moving and mixing assests
Based on your situation, you may consider the following legal actions in Washington:
- File a petition in probate court to remove the executor for breach of fiduciary duties.
- Request an accounting of the estate's assets.
- Possibly sue for damages if the estate lost value due to the executor's actions.
Keep in mind this isn't legal advice. Always consult with an attorney.
thank you
You're welcome, Pat! If you have any other legal questions or need further clarification, don't hesitate to ask. I'm here to help!
what is the ARS for moving and mixing assets
ARS (Arizona Revised Statutes) doesn't apply to your situation as you're located in Washington. However, under Washington law, RCW *.*.*, executors have a fiduciary responsibility not to mix assets. It's advisable to consult an attorney for your specific situation.