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Protect Yourself as Executor When Facing Estate Litigation Make sure you follow the written wishes of the deceased. ... Share information with anyone involved in the estate. ... Document everything that you do for the estate.

An executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries. They can face legal liability if they fail to meet this duty, such as when they act in their own interests or allow the assets in the estate to decay.

Specifically, fiduciary duties may include the duties of care, confidentiality, loyalty, obedience, and accounting.

Three Key Fiduciary Duties Duty of Care. Duty of care describes the level of competence and business judgment expected of a board member. ... Duty of Loyalty. Duty of loyalty revolves primarily around board members' financial self-interest and the potential conflict this can create. ... Duty of Obedience.

An executor must be impartial. Neither he/she, nor his/her family, friends, may benefit unfairly (for example from the sale of an asset). He/She must carry out the instructions in the will, as well as reasonable instructions of the heirs. Quarrels with heirs should not interfere with his or her duties.

A Fiduciary refers to any individual acting on behalf of another, and in Estate Planning this often means in a legal capacity. An Executor, on the other hand, is a much more narrow responsibility. Executors can only act on the terms laid out in a Will.

0:28 2:50 How do I keep the Executor honest? - YouTube YouTube Start of suggested clip End of suggested clip File an account. If the executor of the estate of which you're a beneficiary. Just won't do thatMoreFile an account. If the executor of the estate of which you're a beneficiary. Just won't do that then you have the right to go to court.

A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.

A Fiduciary refers to any individual acting on behalf of another, and in Estate Planning this often means in a legal capacity. An Executor, on the other hand, is a much more narrow responsibility. Executors can only act on the terms laid out in a Will.

A “Fiduciary” is a person or an institution you choose to entrust with the management of your property. Included among Fiduciaries are Executors and Trustees. An Executor is a person you appoint to settle your estate and to carry out the terms of your Will after your death.