Legal Question in Wills and Trusts in Maine
what if anything can be done? five yars ago we probated my mothers home and split the proceds, come to find out one of the executors recieved an additional check from the buyer on the side. is there any legal grounds to rectifiy this out come?
1 Answer from Attorneys
What was the check for? And how much? If the additional check should have been proceeds to the estate then there is a possible breach of fiduciary duty. However, if that executor filled up the oil tank and the check from the buyer was reimbursment for the fuel proration, as is a common practice, then there is no breach of duty. If the check is for a significant enough amount, then an action can be brought against that individual in the Probate Court.
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