CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

What Happens When The Personal Representative Makes a Mistake or Intentionally Breaks the Law?

Under California probate law, certain classes of people are under a legal duty to act with the highest standard of care under the law. The failure to uphold this level of care could lead to criminal charges and personal liability under civil law. This fiduciary duty includes executors, administrators of trusts (trustees), personal representatives (See “What Are the Duties of a Personal Representative?”), conservators and guardians.

Under certain circumstances, families may properly accuse personal representatives or trustees of failure to properly dispose of estate assets, of stealing benefits owed to heirs and benefits under the terms of the will or trust, or of fraudulently lying to cover up misconduct. In addition, personal representatives are liable for negligent mistakes that takes money or property from its rightful owner.

The California Probate Center has experience in both defending and prosecuting claims of fiduciary misconduct.  We can stop the misconduct and recover the assets. On the other hand, if you are a personal representative it is important to have a probate lawyer who can help you avoid falling into traps for the unwary. Find a California probate attorney here by getting a no strings attached consultation.