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Friday, January 2, 2026

The Dark Web and Fiduciary Law

 I keep thinking about why a black and white law, fiduciary law, is like the dark web, both are hard to understand and access.  No one really understands fiduciary law as it is a law for the dead but it is understood as it is for the living. Fiduciary law protects estates from possible exploitation by the living. When I said the administrator should withdraw, I was told I produced no evidence. Fiduciary law does not say I had to provide evidence, the administrator had to prove she was qualified. Under fiduciary law, the burden of proof is reversed.  This also goes to the expenses in a passing of accounts.  The administrator has to prove each expense was reasonable and necessary, it is not up to a beneficiary. The administrator, cannot be the same person, the person who spends the money and approves the expense. These basic fundamentals were entirely absent from the probate.  

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