Fiduciary Deed for use by Executors, Trustees, Trustors, Administrators and other Fiduciaries - New York 2025

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You could be removed from your position as executor under California law if you: Violate a law. Neglect the estate or any of your duties. Mismanage, waste, embezzle or commit fraud on the estate. Appear to be a threat to the protection of the estate or its interested parties.
It is the responsibility of the fiduciary to collect and manage the assets of the estate. This may include opening a checking account for the estate. Estate funds must be kept separately and may not be commingled with any other funds. It is imperative that the fiduciary keep exact and careful records.
A Fiduciary Deed, also known as a trustees deed or personal representatives deed, is a legal document used to convey real property from one party (the grantor) to another (the grantee).
Fiduciary - An individual or bank or trust company that acts for the benefit of another. Trustees, executors, and personal representatives are all fiduciaries.
A Fiduciary Deed is used when the person transferring the property is acting as a fiduciary, such as an executor of an estate or a trustee of a trust. These deeds convey the property interest held by the estate or trust to the designated beneficiaries.
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While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries.
Typical Breaches of Fiduciary Duty Include: Commingling of estate or trust assets. Self-dealing. Losses created by the trustee or executors wrongful act or omission. Material misrepresentation (e.g. failing to disclose facts or false presentation of the facts)

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