Breach Of Fiduciary Duty

Summary

In Missouri, a personal representative must act in the best interests of the estates beneficiaries. Self-dealing by a personal representative can be considered a breach of fiduciary duty, leading to penalties such as removal, sale reversal, and financial restitution. If a personal representative sells estate property to themselves, it may be challenged legally. Additionally, wrongful eviction through unlawful detainer can be contested. Consider consulting a local attorney for specific legal advice and potential action.

Full Conversation

robert
Hi Robert! What legal issue are you facing in Missouri?
my dad died and in his will he left my sister as the personal representative. she sold herself my dad's house for a dollar
I'm sorry to hear about your situation, Robert. Here are some points to consider:
- In Missouri, a personal representative must act in the best interests of the estate's beneficiaries.
- Self-dealing (selling property to oneself) by a personal representative can be considered a breach of fiduciary duty.
Would you like to discuss this with a local lawyer who can provide more specific advice?
what are the penalties for a breach
In Missouri, if a personal representative is found guilty of breaching their fiduciary duty, the penalties can include:
- Removal as personal representative.
- Reversal of the property sale.
- Financial restitution to the estate.
- Possible legal action for damages.
Would you like to be connected to a local lawyer who can provide more detailed assistance?
after she got the deed in her name she kicked us out with an unlawful detainer
Case Rating: *
It seems like you have a strong case regarding the breach of fiduciary duty and potential wrongful eviction. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you provide me with your phone number?