It is suggested that you consult with a skilled and knowledgeable estate attorney. State laws regarding estates as well as suing will executors can vary. A local and experienced estate attorney will be knowledgeable on such laws.
If you think you will need to sue an estate’s executor, you should consult with an experienced and local estate attorney as soon as possible. Only specific parties may sue an executor, and state laws regarding the matter vary widely.
Dec 14, 2018 · The Legal Process. When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.
Jan 20, 2021 · A will contest lawyer can help to not only bring a will contest but to defend against one if another beneficiary, an heir or the executor is challenging an estate beneficiary’s right to an inheritance. Beneficiary Rights in Property Disputes
Oct 18, 2021 · The Beneficiaries of the Estate May Be Able to Sue the Executor. The second type of lawsuit is those brought by beneficiaries of the estate. Although state law does not require an executor to be a lawyer or some other type of expert, it imposes the obligation on every executor to do their job with honesty, good faith, and diligence.
The Legal Process. When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.
Fiduciary Duty. The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions: She can’t make risky or unsafe investments or transactions on behalf of the estate.
If you win your case, the executor may be ordered to personally reimburse you for losses you and other beneficiaries sustained because of her actions. If the estate is still open, the executor will most likely be removed from office and someone else will be appointed to serve .
If the estate has already lost money or value, the accounting might provide pivotal, concrete evidence if you also choose to sue him in a separate civil action lawsuit. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years.
Although the exact process can vary by state, executors don’ t always work under a legal microscope when settling an estate. After the initial flurry of court filings, they may not be required to notify the court of the estate’s progress until they file the final accountings with the court. This leaves a lot of time and opportunity ...
You might begin with a review of the will and any and all documentation you’ve received from the executor – in many states, he has a legal obligation to send copies of all of his written activities and communications to the beneficiaries.
Beneficiaries and other interested parties – anyone who has a personal financial stake in the estate – can file a lawsuit against an executor for wrongdoing if the wrongdoing results in a financial loss.
Examples of valid reasons for suing an executor of an estate include: Executor failed to provide accountings to estate beneficiaries.
It is important for estate beneficiaries to familiarize themselves with their beneficiary rights at every stage of administration so that if anyone – e.g., the executor or administrator, another beneficiary, or an heir – violates them, immediate action can be taken.
As an estate beneficiary, you have certain rights. If you take the time to understand them, you will be better equipped to recognize violations of your beneficiary rights, as well as recognize when there is a need to retain the help of a lawyer to sue the executor of the estate.
When a decedent passes away, the decedent’s “estate” comprises all of the assets the decedent included in their will and any other assets the decedent owned, excluding property in the decedent’s trust or assets that have designated payable-on-death beneficiaries.
Because the probate process is also expensive and burdensome for the courts, the California Legislature has created mechanisms by which probate can be expedited or avoided entirely. For instance, if an estate is worth less than $166,250, a Small Estate Affidavit can potentially be used to altogether avoid probate.
When a decedent dies without a will (i.e., they die intestate ), their assets will pass to their heirs via a process known as intestate succession . Heirs are close family members of the decedent (e.g., spouses and children) who stand to inherit the decedent’s assets.
An estate beneficiary is someone who stands to inherit a decedent’s assets; they are generally designated through a will. A trust beneficiary is someone who stands to inherit trust assets; they are designated through a trust.
Estate executors have a fiduciary duty to act in the best interest of the estate and to exercise due care. If the executor fails his or her duty, they could face a lawsuit. Some examples of breach of fiduciary duty include: Not maintaining accurate records. Not communicating with the beneficiaries.
If the loved ones notice that the estate executor fails to uphold their duties, they can ask the court to remove the current executor and name a replacement. Typically, the party would have to file a request with the court, provide a valid reason for removal, and provide the court with supporting evidence. Examples of valid reasons ...
If you or a loved one has a dispute with an estate executor, it is best to discuss the issue with an experienced probate attorney. These types of disputes can be complex, and an attorney can advise you on the current laws and your best course of action.
An executor, sometimes called a personal representative, is responsible for overseeing any issues related to an estate. This can include distributing assets to beneficiaries or settling any debts or liabilities. They are responsible for following the instructions left in the will and carrying out any final wishes.
If you have any additional questions or would like to speak with someone on Brian M. Douglas & Associates’ probate team, please contact us at (770) 933-9009 or via our online contact form. We would be happy to help. Reader Interactions.
A beneficiary or an estate creditor can file suit against the executor to settle any debts. So, for example, let’s say a grandchild was supposed to receive a specific piece of artwork or a vehicle, but the executor did not distribute that asset as per the instructions in their grandparent’s will. Or, as a second example, ...
An estate executor can be named in a civil claim or a lawsuit involving the estate. The executor would not be liable for everything related to the estate – he or she would be liable for damages that were the direct result of their actions or inactions while managing the estate.
The executor of an estate is responsible for ensuring that the estate's property is properly cared for during the probate process and that the estate is distributed in accordance with a deceased's will and state laws. When an executor attempts to illegally profit from the estate, interested parties are entitled to sue the executor for fraud.
When an executor attempts to illegally profit from the estate, interested parties are entitled to sue the executor for fraud. A party may include anyone with a vested interest in the estate's proper closure such as an heir to the estate or a creditor who is denied payment.
Tips. A willful act is a key component of fraud cases and may be difficult to prove under some probate circumstances. For example, the executor may claim that he was unaware of any property left out of an accounting, and the suing party will be required to prove otherwise.
States have very strict statutes of limitations on fraud suits in relation to probate. It is better to initiate a suit within that time limit, and subsequently ask for an extension to gather evidence, than to be barred from filing the suit entirely.
Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.
Your lawyer will counsel you on the possibilities and address your expectations in the beginning. You need to be realistic about the potential resolution of your case. On a positive note, a court action does resolve a dispute in the end, one way or another.
Litigation can tear a family apart, inflicting damage that lasts forever. When family members disagree — and that disagreement escalates into litigation — it emotionally affects the parties involved in the case. Those emotions usually escalate over time as the legal process takes its natural course.
Legal counsel representing both sides of the case charge fees. But there is more than just attorney’s fees to consider. A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases).
There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.
Unless a court case ends in a settlement that satisfactorily resolves the issues for both sides, there will be a winner at the end. There also will be a loser. No one — including seasoned litigation attorneys — can ever predict with certainty how a court case will end.
James Charles Shields. Executor may use estate resources to execute duites of executor . and defend estate. This may include litigating with beneficiaries. Executor may not use estate resources to advance his/her own private interest.
However as a general rule if the personal representative is being sued in that capacity, he does have the right to use funds from the estate to pay for his defense. You should immediately consult with an estate planning attorney in your area to determine the best course of action.
Beware Of Executor Misconduct. Executors are entrusted to administer an estate and fulfill their fiduciary duties under the law. Unfortunately, executors can breach these duties and leave beneficiaries to pay the price. Often, executors will go to great lengths to cover up misconduct.
Here are a few examples of executor misconduct and what you can do if you suspect it is occurring. Stealing and misappropriating estate funds. There are various ways that an executor can steal assets from an estate. This includes unauthorized transfers of titles to properties and gifting assets to unnamed beneficiaries.
Failing to pay creditors, taxes and other expenses. An executor is charged with settling a decedent’s financial affairs.
However, it is the executor’s responsibility to understand their fiduciary duties and ignorance is not an excuse for financial misconduct. Executors may withhold a beneficiary’s share as a form of revenge. They may have a strained relationship with a beneficiary and refuse to comply with the terms of the will or trust.
Often, executors will go to great lengths to cover up misconduct. As the beneficiary of your late loved one’s estate, it can be a good idea to know how executors can breach their duties to prevent your inheritance from being compromised.
However, it is rare for courts to remove executors and there must be sufficient proof to back up your claim. If you believe that an executor has breached their fiduciary duties, you can document your findings to present to the judge.