CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

What Are My Rights Under the Will or With No Will? Beneficiary and Heir Rights

The rights of beneficiaries may be harmed by intentional or negligent acts of others during the administration of a trust or the probate of an estate. As stated above, administrators, executors, and personal representatives have a high standard of care imposed by the law. The personal representative must uphold the their fiduciary duties regardless of whether or not they are compensated. This is imposed so that recovery is made easier against personal representatives who intentionally lie, cheat, or steal from beneficiaries.

In addition, these duties force the personal representative to reasonably seek the advice of an attorney when they do not know what they are doing, and imposes the loss on them (not the innocent heirs) for their failure to do so. Penalties may be imposed for improperly investing assets of the estate, taking too much money as compensation, for outright fraud, or just for a negligent failure to follow the California Probate Code and the procedure of local court rules. For cause, the probate court can remove the personal representative or trustee, impose money damages, and retrieve assets lost to misconduct.