Suing An Estate Executor For Deceased Person In Pennsylvania
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Can a Beneficiary Sue the Executor? 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.
A Judge Must Remove the Executor. As an interested party, your attorney must present a compelling reason for removal. The Judge is not a detective. Your team must gather and present evidence to the Judge. Further, the Judge will only listen to evidence presented under the court's rules of evidence.
How to Remove an Executor. If an interested party believes that an Executor has committed acts requiring removal, they can hire an Estate Litigation Attorney to petition for that fiduciary's removal.
You must file out a form and submit it to the register to make the claim official. If the claim is filed by a creditor with the court, their right to proceed is preserved against what is known as the distributee or who receives assets from the estate only if the real property is considered an estate asset.
How long does it take to remove an executor? Assuming the claim does not settle, it normally takes around 12-15 months for the claim to get to the Court for a final hearing after it has been issued.
The first step is to consult with a wills and estates lawyer. Beneficiaries can petition the court to have the executor removed or the executor can ask to be removed. This process can take a long time and there is generally no guarantee that the courts will honour this request.
The death of a party does not stop the running of the statute of limitations applicable to any claim against the decedent, but any claim that would otherwise be barred within one (1) year after the decedent's death is not barred until the expiration of one (1) year after the date of his death.
