Surcharge

When the Trustee of a trust or the Executor or Administrator of an Estate fails to properly perform their duties, which causes a loss to the estate or trust, that fiduciary may be surcharged for the loss that was realized. Under certain circumstances, the fees incurred by the beneficiary who is bringing the surcharge action can be paid by the estate or trust or, in some exceptional circumstances, by the Personal Representative or Trustee who acted improperly.