Suing An Estate Executor With No Money In Massachusetts
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FAQ
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.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle.
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 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.
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.
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.
Rights of Beneficiaries in Massachusetts: Wills You're entitled to receive property in a timely fashion—once the will has been probated. You have the right to hold the personal representative accountable. You have the right to see the will.
In general, executors are expected to distribute assets within several months to a year, though larger or contested estates may take longer. Probate courts often set deadlines for filings, but final distribution typically occurs only after debts, taxes and administrative expenses are settled.
Under Massachusetts law (MA Gen L ch 190B § 3-803), creditors have one year from the date of the decedent's death to assert their claims against the estate. This is a shorter time frame than in many other states, which often allow creditors two or more years to make their claims.
The final accounting will list the basic information that was in the inventory, and will set forth the total amount of funds received and total disbursements, including the distribution to the beneficiaries. It also will list the sale of any assets that were listed in the inventory.
