The Personal Representative (Executor or Administrator) of an estate owes a fiduciary duty to the beneficiaries of that estate to properly administer that estate for the benefit of those beneficiaries. At times, the Personal Representative does not properly perform their duties, sometimes because of conflict of interest and sometimes for other reasons such as not having effective attorney direction as to what needs to be done. Under those circumstances, a beneficiary of an estate can bring an action to remove the Executor/Administrator/Personal Representative and have a replacement appointed. At Gentile Horoho & Avalli, P.C., our attorneys have extensive experience in prosecuting and defending such Executor/Administrator proceedings.
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