- videocam Live Webinar with Live Q&A
- calendar_month March 5, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Estate Planning
- schedule 90 minutes
Mismanagement of Estate Assets: Executor Responsibilities, Signs of Misconduct, Legal Options for Beneficiaries
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About the Course
Introduction
This CLE webinar will provide probate and estate planning attorneys guidance on executor responsibilities and legal options for beneficiaries when there is executor misconduct or mismanagement of estate assets. The panel will discuss executor obligations and duties as a fiduciary, common signs of mismanagement, and addressing executor misconduct and mismanagement of assets with or without court involvement.
Description
An executor of an estate is responsible for managing the probate process and must act in the best interests of the estate and beneficiaries. The process involves strict adherence to certain rules and procedures that executors, counsel, and beneficiaries must understand to avoid or guard against any misconduct or mismanagement of assets.
Generally, settling and closing an estate after an individual's death requires the fiduciary to address certain issues and follow specific procedures to distribute the decedent's assets. This process can involve complications stemming from the marshaling, valuation, and distribution of assets which may result in claims from beneficiaries and creditors. Estate counsel must understand a variety of legal and procedural challenges to properly account for any potential issues in settling and closing an estate and avoid liability for fiduciaries and beneficiaries.
Counsel must be able to identify potential issues of neglect, misappropriation of assets, and other actions considered to be executor misconduct and evaluate available methods to protect the estate and beneficiaries.
Listen as our panel discusses the steps in the estate closing and settlement process, fiduciary duties and obligations of executors, signs of potential misconduct, and legal options for beneficiaries.
Presented By
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. Mr. Bourque primarily handles probate litigation matters including will contests, fiduciary litigation to recover misfunded, misapplied or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, March 5, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Fiduciary duties and liability
II. Identifying executor misconduct and mismanagement of assets
III. Legal options for beneficiaries and pitfalls to avoid
IV. Best practices for litigation
The panel will discuss these and other key issues:
- What are the fiduciary duties and pitfalls to avoid for executors of an estate?
- How do you manage issues or challenges on behalf of beneficiaries?
- What are the most common obstacles in closing an estate, and what are the best methods in handling them?
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