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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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Is it conversion when a heir gives a payment to a Executor/heir

Customer Question

Is it conversion when a heir gives a payment to a Executor/heir or Executors/heirs to pay on a Estate to be credited to a Balance owning(mortagage) and the money is never gets paid on the outstanding mortgage? $18,700
Submitted: 2 years ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 years ago.
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It would be conversion if the money was used by the personal representative for personal use and not for the use of the estate. If the money obtained from the heirs was intended for use to help pay the mortgage, and the mortgage was never paid, it would be a claim for a breach of fiduciary duty or a cause to subject the personal representative to removal based on lack of understanding. Additionally, it could be considered a breach of contract (even if oral).

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