| Alan R. Horvath, Attorney at Law |
Estate Litigation - Do you Have a Claim?
Administrator Duties
Both wills and trusts impose fiduciary responsibilities upon the individuals charged with their administration. This means
that by law executors and trustees are required to administer the will or trust according to the intent of the decedent as
indicated by the document. It also means that the administrator must put the interests of the beneficiaries above their
own. As a result, any beneficiary has a legitimate claim in court if the will or trust is not being administered according to its
terms.
The standards imposed on administrators make it fairly easy to establish a claim if the administrator’s actions are truly in
conflict with the instructions contained in the will or trust. However, it is important to realize that without a careful reading
of the full document, and without allowance for the discretion that is often granted by that document, the fact that you
disagree with an action does not necessarily make it one that you can object to in court.
that by law executors and trustees are required to administer the will or trust according to the intent of the decedent as
indicated by the document. It also means that the administrator must put the interests of the beneficiaries above their
own. As a result, any beneficiary has a legitimate claim in court if the will or trust is not being administered according to its
terms.
The standards imposed on administrators make it fairly easy to establish a claim if the administrator’s actions are truly in
conflict with the instructions contained in the will or trust. However, it is important to realize that without a careful reading
of the full document, and without allowance for the discretion that is often granted by that document, the fact that you
disagree with an action does not necessarily make it one that you can object to in court.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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