When the executor or the trustee is conferred authority over the estate, there is always the potential for misappropriation. For having been conferred with such authority over the estate and the beneficiaries typically being reluctant to criticize and challenge the determination and actions of the executor / trustee, there is always the potential for the unscrupulous or the desperate to take advantage of this particular empowerment.

The testator's estate, however is not their own. They have only been entrusted with its oversight and distribution, and not as a means to personally enrich themselves. As such, when you discern that there might be misappropriation on the part of the executor or the trustee, or should you believe that their prior disposition and actions warrants closer scrutiny, you should take the initiative to prevent against such misappropriation. And with the direction and assistance of knowledgeable legal counsel, you can better discern its occurence and thereupon initiate the appropriate legal action to address the misappropriation.

For experienced and specialized legal representation pertaining to wills with respect to inheritance disputes and estate litigation, contact the law firm of Neufeld Legal Professional Corporation and lawyer Christopher Neufeld, by telephone at 403-400-4092 or email at Chris@NeufeldLegal.com.

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