Fiduciary?-I am Guardian for my elderly mom, my dad died, lawyer is fiduciary of the will can I fire him?
something is wrong,like funds being hidden or not being reported to mecicare, a life ins. check was recieved 2 months ago and he has not done a thing with it.can I fire him and retain other counsel?.My dad made this lawyer the fiduciary for the will just before he died saying he did not trust his kids! well what the heck!!
Answers:
You cannot fire the executor (fiduciary) of someone else's estate (will). That's not subject to your (or anyone else's) control. Only the court can assign or remove an executor.
However, if you believe the lawyer in question is not following the rules, or breaching their duty as executor (fiduciary), you can sue --- either in your own right as heir, or as guardian for your mother.
Sue him for breach of fiduciary duty
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