Who Has Standing, Breach of Fiduciary Duty?

Kibbs

New Member
Jurisdiction
Massachusetts
Who has standing to bring a claim of breach of fiduciary duty against admin. of estate?
A man dies at age 73, the two sons are joint executors. Before death, they were POA for the decedent.

The two sons are the only Children of the decedent. He was predeceased by the spouse.
The decedent had two elderly sisters who are the type of folk that believe they are entitled to what is not bolted to the floor of decedents home, (including the home) The elderly sisters are not named in the latest will which was executed a year before decedents death.

The will specifies that the two sons shall be executors.

Given this information: Would a Creditor Have Standing to Assert Breach of Fiduciary Duty or seek removal of a executor? Would the elderly sister of the decedent?

The Two Sons Get Along; As a creditor would I be able to remove one or both for cause? Do I have standing to plead breach of fiduciary duty?

Please advise;
 
The parties named in the will are the named executors.
You, as a party with interests adverse to the executors, are free to lodge your claims in probate court.

You should assert your financial claims against the estate as probate is opened.

Removing an executor isn't possible for you, as you aren't a named beneficiary to the estate.
 
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