Suing An Estate Executor For Child Support In Clark
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If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
This means that your only other recourse would be to sue the co-executor for breaching their fiduciary duties to the estate and beneficiaries because of the sale. You could ask the court to have them removed if you believe you have sufficient evidence that they are actively hurting the estate.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
Key takeaways Your executor is responsible for managing your estate, settling debts, and distributing assets after you pass away. Executor misconduct in Canada can include asset misappropriation, neglect of executor duties, withholding inheritance, unauthorized investments, self-dealing, and poor communication.
Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
In some cases, the executor can sell the house without getting the sign-off from all the heirs. For example, in California, if the executor can sell the property for at least 90 percent of its appraised value, they may have the authority to move forward with the sale.
In California, executors can make a move on estate property for themselves, but only in some instances and only with all the legal boxes ticked. This type of decision gets a very close look by the court because, let's face it, it's easy for conflicts of interest to pop up.
If there's no explicit instructions in the will, an executor does have the authority to sell property without approval from all beneficiaries. The notice of sale will be sent to all beneficiaries.
Can an Executor sell property without all beneficiaries agreeing? Yes, in certain situations. If there is no explicit instructions in a Will stating that property cannot be sold, an executor does have the authority to sell property without approval from all beneficiaries.
However, as a rule, an executor must settle the deceased's estate within 1 year.
