If an executor allowed property to go into foreclosure, can he be removed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an executor allowed property to go into foreclosure, can he be removed?

Executor liquidated stock and bank accounts, sold personal property of decedent, collecting over 60K. No mortgage obligations on several properties were met. Now these properties are in foreclosure due to default that occur ed after death of decedent. Can executor be removed? Can he be criminally charged with embezzlement or theft by conversion?

Asked on June 18, 2012 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It sounds a sif the executor "breached his fiduciary duty" and that would be grounds for removal.  If he posted a bond you may be able torecover some money.  If not then your state law probably allows you to go after him in a civil suit.  As for the criminal charges, you would need to speak with the local prosecutor about same.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption