Suing an Executor of Estate
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When is Suing an Executor of Estate an Option?
Suing an executor of an estate may be necessary in certain situations where the executor causes losses or harm to the estate or a beneficiary. An estate executor is the person entrusted with the overall, day-to-day management of another’s estate at the appointed time. They are required to follow certain guidelines in order to ensure that the estate is properly managed and distributed.
Suing the executor may become necessary if:
- The executor has used the estate property for their own personal benefit
- The executor has commingled estate assets with their own funds
- Beneficiaries were denied their inheritance(s) due to the negligence of the executor
- The executor has failed to exercise reasonable judgment when investing estate property
- Any other legal violations committed by the executor
Executor liability can lead to various legal effects, which may be dependent on state laws and codes.
What are Some Legal Effects of Suing an Estate Executor?
Suing an estate executor usually results in a damages award paid by the executor to the plaintiff in the suit. This will help the plaintiff to recover losses caused by the executor’s actions. For instance, if the executor has used funds that were supposed to go to a beneficiary, they may be required to pay the beneficiary damages in order to make up for the lost inheritance. Also, a lawsuit may also result in the removal of the executor from their position.
What are Some Pointers to Consider when Suing an Executor of Estate?
When suing an estate executor, you should remember that some legal arrangements require the consent of other parties when suing an executor. For instance, for some trust arrangements, there needs to be an agreement amongst the beneficiaries when bringing legal action against a person such as an executor or another beneficiary. The exact details for such procedures can vary by state, so you may need to check with an attorney regarding your state’s laws.
Also, as in any legal action, there may be a statutory filing deadline applicable to your claim. This is often known as the statute of limitations (SOL). You should file legal suit as soon as a defect or violation is discovered, because waiting too long might disqualify you from being able to file in court. Also, be sure that you’re clear in terms of what types and what amount of damages you are seeking in court.
Do I Need a Lawyer for Assistance with an Estate Lawsuit?
Suing an executor of estate can often involve some complex legal concepts. You may wish to hire a lawyer if you need advice with the estate laws in your area, which can vary according to state. Your attorney can be on hand to provide you with the legal advice and guidance that is needed when suing an executor. Also, your lawyer will be able to represent you during the court proceedings.
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Last Modified: 09-05-2013 04:27 PM PDT
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