Suing An Estate Executor For Negligence In Pennsylvania
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FAQ
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
This is because if any of the beneficiaries of that estate choose to come forward with a legal claim and can show significant proof that the executor breached his or her fiduciary duty to the beneficiaries of that estate, then the court could choose to remove the executor from that estate or could pursue other options.
The executor has acted dishonestly, without proper care, or without reasonable fidelity The executor has endangered the estate's property and/or assets The executor has failed to distribute the estate assets The executor has committed fraud or embezzlement The executor has a conflict of interest The executor is ...
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
The statute of limitations to contest a will varies by state and is typically between three months and two years. If the claim involves fraud, the statute of limitations often begins running on the date the fraud is discovered.
The death of a party does not stop the running of the statute of limitations applicable to any claim against the decedent, but any claim that would otherwise be barred within one (1) year after the decedent's death is not barred until the expiration of one (1) year after the date of his death.
See PEF Code §3532(b)(1). No claimant shall have any claim against distributed real property unless such claimant has, within one (1) year after the decedent's death, filed a written notice of claim with the Clerk of Court.
You must file out a form and submit it to the register to make the claim official. If the claim is filed by a creditor with the court, their right to proceed is preserved against what is known as the distributee or who receives assets from the estate only if the real property is considered an estate asset.
Under 20 PA Cons Stat § 3532, creditors have one year from the date of the first publication of notice to creditors to make any claims. However, creditors can still make potentially valid claims against the estate even after this deadline has expired, until the assets of the estate have been distributed.
