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Gierach and Gierach, P.A Gierach and Gierach
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What happens if the personal representative fails to perform his or her duty?

That’s a very good question because personal representatives are considered to be fiduciaries. That is somebody who is dealing with and using the property of someone else. In that case, if the fiduciary, the personal representative, is not doing his or her job properly, then it needs to be challenged and it can be challenged in a probate court proceeding in order to possibly have the job discharge the person who’s not doing their job and appoint someone else.

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