Suing An Estate Executor Without Bond In Philadelphia
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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.
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.
Options to take action. If you think an executor isn't being honest or is otherwise acting improperly, there are steps you can take. First, try to resolve the problem directly with them or their lawyer. If this doesn't work, you may want to seek legal advice.
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.
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.
Non-Probate Assets Joint bank accounts. Joint brokerage accounts. Real estate held in joint tenancy. Vehicles held in joint ownership.
In Pennsylvania, you can use a summary probate procedure when estates are worth less than $50,000 (not including funeral costs, real estate and allowable family payments).
Designating beneficiaries on financial accounts, like bank accounts and retirement plans, is also a smart move. By naming beneficiaries, these accounts can transfer directly to them upon your passing, bypassing probate. In Pennsylvania, an estate needs to go through probate if it's worth more than $50,000.
In Pennsylvania, an estate needs to go through probate if it's worth more than $50,000. This includes assets like real estate, bank accounts, investments, and personal property. Exceptions exist, though.
