Suing An Estate Executor For Negligence In Maricopa
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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.
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.
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.
State law varies, but courts generally focus on what is in the best interest of the beneficiaries. A court can hold the executor personally liable and award damages. If the executor's conduct is bad enough, the court can award punitive damages to punish the wrongdoer.
Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
That is accomplished by filing with the local Probate Court a pleading called an Application for Informal Probate of Will and Appointment of Personal Representative. Alternatively, in the case of an intestate decedent, the pleading is called an Application for Informal Appointment of Personal Representative.
When someone dies, their beneficiaries have up to two years to open probate. Once probate is opened, there aren't any time limits that will cause the case to expire.
Each situation is different and some estates may be more complex than others, such as estates where real estate and other assets were bought or sold before distribution to the beneficiaries. However, the average trust should be fully distributed within 12 to 18 months once the trust administration has begun.
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