If an estate is reopened due to improper administration, what party would be liable to pay any new beneficiaries since most of the estate has been distributed?

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If an estate is reopened due to improper administration, what party would be liable to pay any new beneficiaries since most of the estate has been distributed?

There has been improper administaration by the executor.

Asked on July 15, 2012 under Estate Planning, Texas

Answers:

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

Answered 11 years ago | Contributor

If the executor acted improperly then it is considered a breach of their fiduciary duty and they would be liable to the beneficiaries. Was there a bond posted?  Has it been discharged?  You need to seek help from an attorney in your area.  Good luck.


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