What recourse is there against an executor who kept estate funds for themselves?
Question Details: A member of my family was the executor of my grandmother's estate, which was settled and everything "signed off" and closed out either 2 or 3 months ago. The executor then cashed in a CD that was legally documented as being for a granddaughter and claims it was for money owed the estate. The executor kept the money for herself. I know this because she told me this herself. Does the granddaughter have any recourse?
Yes, the granddaughter could sue the executor for the money. An executor is obligated to follow the terms of the will and has a legal duty (called a "fiduciary duty") to act in the interests of the heirs and beneficiaries and not engage in "self dealing," or benefitting herself at the expense of those who are supposed to benefit. A lawsuit would be the only way to make the executor return the money to the granddaughter.
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