Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
Reviewed your question
there are a few issues here
first, notice should have been given to all interested parties
second, any conflict of interest should have been aired out and resignations followed
third, any settlement should have gone through proper channels and obtained approval
Where a conflict has resulted in harm, one may be removed and may be held to both account for conduct and liable for resulting losses.
which the court would oversee
Is that clear?
Yes and I agree. The defendant claims not to be aware that a conflict existed in the first place.
He is hiding behind his "not knowing" he was doing anything wrong.
not knowing is not a defense
and you have the options we discussed
I wish you the best.
Kindly select a positive rating for the answer, which I tried to get to you quickly given its importance
fyi, he was ordered to repay all loans to the estate and trust and he has excepting for about 60K. The real issue at this point is that he has cost the Estate hundreds of thousands in legal fees and court cost. I do not have a lot of money to defend my son but he has had access to the entire estate since he was the Executor and Trustee.
what I get your saying is that he was responsible for knowing that a conflict existed period.
he knew or should have known
and its the same thing
and the liability was duly extended to him!
Thank You! Much appreciated!
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