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  Home >> Special Situations >> Deceased Individuals  
Executor's Responsibility to Report Irregularities

My husband is both an executor and a beneficiary (relative of deceased) of a Will in probate. We saw recent financial transactions from the POA of the deceased, before the relative's death, that appear unusual. As the executor, my husband was able to slow down the process due to irregularities, to distribute funds from the estate. Does he also have to submit a challenge in writing to the probate process about breach of fiduciary duties by the POA to protect his interests as a beneficiary?


Your husband should consult his probate attorney or the court to find out how to proceed. As the estate's representative, he may be able to take legal action to recover any funds the attorney-in-fact used that were not in accordance with his responsibilities to his now deceased principal.

Published on BankingQuestions.com 10/08/09