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What happens if the executor (personal representative) of a will fails to perform his or her duty?

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What happens if the executor (personal representative) of a will fails to perform his or her duty?

Question: What happens if the executor (personal representative) of a will fails to perform his or her duty?

Answer: If the executor of a will fails to perform his duty, then the executor can be personally liable for the damages that may be caused on the party that’s harmed by their incompetence or their failure to do what they were supposed to do. It is a question of proving those damages and holding the executor accountable and that the probate court would oversee the complaint that a person would have against the executor and make a determination as to whether the executor would be liable for their failure to act or do something that they should have done.


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