Suing An Estate Executor For Child Support In Oakland
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Can You Sue A Deceased Person? The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.
You may be named as an Executor under a Will, but you really are just a suggested Executor until the court appoints you as Executor. That means you have to file a Petition for Probate with the court, receive a court order appointing you, and then have Letters Testamentary issued.
The Executor is normally nominated in the Will but it is the court who formally appoints the Executor after a noticed hearing. See our article on Probate. 2. If no Executor is nominated in the Will, the court appoints an “Administrator” who performs the same function, usually a relative.
You can appoint anyone you want as executor. It doesn't even have to be a family member. It can be your best friend, a lawyer,anyone that you trust to do the right thing. Inform them what you have done so they want be blindsided. It's your choice if you want to tell anyone else who your executor will be.
There is no statute of limitations on child support in California. Therefore, you can only file for contempt regarding the last three years' worth of support payments. However, if you are over the three-year mark, eligible parents with past-due payments can apply to the Compromise of Arrears Program (COAP).
How Far Back Can Child Support Be Claimed? The payment of retroactive child support in California is limited to the 3 years before the petition is filed. Thus, a person who seeks retroactive child support should file a petition with the appropriate court as soon as possible.
– Executors are fiduciaries, meaning they must act in the best interest of the estate and its beneficiaries. They cannot use estate assets for personal gain or benefit from the estate improperly.
California generally requires for the executor to distribute assets within a year of being appointed, although there are many circumstances that can cause the executor to require more time, which they may be able to get by requesting an extension from the court.
Pursue legal action: Depending on the severity of the misconduct, you may have grounds to file a lawsuit against the executor for breach of fiduciary duty. If this is the case, seek damages for any losses to the estate caused by misconduct.
