Suing An Estate Executor For Negligence In Illinois
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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.
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.
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 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 sufficient evidence exists to suggest the personal representative breached their duties, estate beneficiaries generally can proceed with suing the executor of the estate with help from a probate attorney.
Rates might vary from $10 an hour up to $50 an hour or more.
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.
In Illinois, if the deceased left a valid will, then its executor must provide a full accounting of the estate, including how the assets are distributed.
The state of Illinois does not set a specific time limit for settling an estate, but it does expect executors and probate courts to handle the process as efficiently and diligently as possible. Because of the variation in estates, the length of the process can vary from several months to several years.
