Probate Litigation Attorneys
Appointment and Removal of Fiduciaries
The person who handles financial matters of an estate is a fiduciary. When someone passes away with a will or trust, the fiduciary may already be in place or will likely be appointed without hearing. The executor, administrator, or the trustee is essentially the fiduciary.
When a person dies without a will or trust, the heirs must go to court to have a judge make a fiduciary appointment.
Unfortunately, the first choice is not always the right choice. If you believe the person handling the financial matters of an estate is doing it incorrectly, a Cleveland fiduciary appointment lawyer at Reminger can help you. We are experienced in disputes involving fiduciaries, especially when substantial amounts of money are involved.
WhEN Should a Fiduciary be Removed?
The fact of the matter is that some people are simply not good at handling monetary matters. Our lawyers have seen cases where an appointed fiduciary is unable to distinguish between their own money and the estate's money. We have seen people forget to pay taxes and fail to distribute property in a timely manner.
Unfortunately, we have also seen cases in which breach of fiduciary duty was not merely a matter of negligence. Sometimes, people put in charge of financial matters take advantage of the position for their own gain.
No matter what has happened, our Cleveland fiduciary appointment attorneys can assess whether fiduciary duties are not being handled properly. We can begin removal proceedings. We can seek a new fiduciary appointment.