Unfortunately, the answer to this question is yes, an executor can be held liable. If you have an attorney, ensure that they are a qualified probate attorney. A qualified attorney will tell you exactly what you should and should not do as an executor. If you do things are you are not supposed to, the beneficiaries of the Will can potentially sue you for “breach of fiduciary duty”. In that instance, you are held personally liable to all of the beneficiaries under the Will.
Want more information? Read our article, 9 Deadly Mistakes an Independent Executor Can Make.
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