Suing An Estate Executor Without Bond In Collin
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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.
While each state is different, California generally requires your personal representative to be bonded. The only exceptions are when the testator's will expressly waives the requirement (and the court permits this to happen) or all the beneficiaries will agree in writing to waive the bond requirement.
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
If executors or administrators are not diligent in carrying out the aforementioned duties, estate beneficiaries should reach out to an estate lawyer, who can utilize the courts to compel the executor or administrator to provide beneficiaries information about administration, as well as accountings.
When an executor is permitted to serve "without bond," it means that the court has waived the requirement for the executor to obtain a bond. This typically occurs when the will specifically states that the executor should serve without bond or when all the beneficiaries agree to waive the bond requirement.
In Texas, beneficiaries hold the right to pursue legal action against an estate's executor if they perceive a violation of their rights.
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.
Texas law allows executors to sell property without the beneficiaries' approval, which can be necessary to keep the estate solvent. However, this authority comes with the responsibility of ensuring that the sale is conducted in the best interest of the estate.
Removing A Person You Don't Trust as Executor Because of this risk, beneficiaries should not hesitate to request the removal of an executor if there is true mismanagement of the estate. If an executor breaches their fiduciary duty, they may be subject to serious financial and legal ramifications.
