Suing An Estate Executor For Deceased Person In Florida
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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.
The Executor is responsible for many decisions throughout the Estate administration process and has a duty, and is liable, to ensure that they act in the best interests of the Estate; and not their own.
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.
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.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
If you can prove to the court that the current executor is incompetent or is mishandling the affairs of the estate, the court will relieve that executor and choose a replacement. If the will names an alternate executor, that will likely be the court's choice.
Executor's or trustee's fees are taxable compensation to you.
To be nominated to be the Executor of a Will imposes upon the person so appointed a fiduciary duty to adhere to the terms of the Will in conformity with California law. That duty can impose personality liability upon the Executor should he or she fail to perform as required.
Unknown creditors must file their claims within the 90-day window following the publication of the notice. Note that all claims against an estate are barred two years after the decedent's date of death, regardless of whether a probate proceeding has been initiated or a Notice to Creditors has been published.
