Suing An Estate Executor For Abuse In Middlesex
Description
Form popularity
FAQ
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
Eligibility. The Act states that a Spouse or Cohabitee or Child or other person maintained by the deceased can potentially make a claim. The Applicant must be alive to claim and if they die then their personal representatives cannot continue with a claim.
But even though it's now in your estate, you can't ignore the debts. Creditors can apply for an 'Insolvency Administration Order' within five years of the death.
Fiduciary Duty This duty requires them to be honest, fair, and diligent in managing the estate. They must avoid conflicts of interest and cannot benefit personally from their position, other than receiving any compensation specified for their services.
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.
When the beneficiaries, heirs, or any interested party feels that the named executor or administrator is not fulfilling his or her duties, he or she can file a petition with the court where the decedent's will was admitted into probate and ask the court to remove the executor or trustee.
Administering an estate or trust can be a lengthy and complex process, often taking months or even years to complete. This responsibility may require a significant time commitment, which can be particularly challenging if you have a full-time job or other personal obligations.
Liability when an executor makes a mistake Unfortunately, a genuine mistake can sometimes snowball into a much bigger and often expensive problem that can be very complicated to resolve. The executor of an estate can be held personally liable for a mistake that results in a loss to the estate.
An executor is also responsible for dealing with the deceased's financial liabilities. This includes dealing with the income tax position of the deceased from the date of death to the end of the administration period, as well as any capital gains tax liability on the disposal of assets.
