Fiduciary Deed

A personal representative is appointed by a judge to oversee the administration of a probate estate.In most cases, the judge will honor the decedent's wishes and appoint this person. When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

The defendant was acting as a fiduciary of the plaintiff; The defendant breached a fiduciary duty to the plaintiff; The plaintiff suffered damages as a result of the breach; and. The defendant's breach of fiduciary duty caused the plaintiff's damages.

Fiduciary - An individual or trust company that acts for the benefit of another.Executor - (Also called personal representative; a woman is sometimes called an executrix) An individual or trust company that settles the estate of a testator according to the terms of the will.

The executor has a fiduciary duty to an estate, and to its beneficiaries, when settling an estate plan. A fiduciary is someone in a position of trust and power, and the law recognizes this and so places an added burden on that person or institution to act with honesty, integrity, good faith, fairness and loyalty.

Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.

Fiduciary - An individual or bank or trust company that acts for the benefit of another. Trustees, executors, and personal representatives are all fiduciaries.

The executor of a will has a fiduciary duty to act in the best interest of the estate. This means that the law prevents you from acting in your own interest to the detriment of the estate. As an extension of this duty, executors also have several responsibilities to the beneficiaries of the will.