In the realm of managing trusts or estates, individuals entrusted with fiduciary duties play an important role. When they do not meet their responsibilities, it can hurt the people they should help. This can lead to a closer look at how these breaches impact...
Fiduciary Representation
What is the role of a successor executor?
Many people who write a will name a particular person in the document to serve as the executor of their estate. However, sometimes the testator outlives the executor, meaning the person selected to care for the estate is not available. To account for situations where...
What are the 4 basic functions of a fiduciary?
The important role of a fiduciary requires a lot of trust in whoever takes the role. The job requires adhering to four general functions. Anyone acting as a fiduciary should understand these responsibilities and how they will guide their actions and decisions. 1. Act...
Steps to protect executors from beneficiary lawsuits
It is understandable if you worry about becoming an executor for a loved one. Estate administration can be a pressing job. You could even become the target of litigation if an heir accuses you of mismanaging assets or mishandling the probate process. While it is not...
The ins and outs of revocable trusts
In planning for the future and ensuring that you take care of your loved ones, estate planning is a critical and necessary step. One commonly used tool for managing your assets and providing for your family is a revocable trust. A revocable trust, also known as a...
Can you back out of being a fiduciary?
Being entrusted with the responsibility of a fiduciary can be an honor, but it also comes with significant obligations. A fiduciary is someone who manages another person's assets or affairs, and this role demands a high level of trust and integrity. However,...
4 ways a fiduciary breach of duty happens
Maintaining the integrity of an estate plan demands a fiduciary's commitment to excellence. Navigating the responsibilities with precision helps build trust and ensures the smooth execution of the plan. That makes it important to avoid actions that could lead to...
What are actions an estate executor cannot take?
An executor has formal legal authority to manage the estate of a decedent and distribute assets to beneficiaries. If you are preparing to administer the property of a deceased family member, know that you do not have unlimited power over the estate. Executors who...
Is a fiduciary and an executor the same thing?
When it comes to managing a person's affairs after their passing, it is important to distinguish between two significant roles: fiduciaries and executors. According to a recent survey by the National Association of Estate Planners & Councils, 63% of individuals do...
4 qualities of a good fiduciary over your estate
When looking for a fiduciary to oversee your estate, there are several things to consider. It is not a decision to take lightly, so looking for an individual or professional with four key qualities can improve your confidence that you made the right choice. 1....

