Suing An Estate Executor For Abuse In Riverside
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Narcissists often feel emboldened by the assumption that others won't challenge them. A lawyer can clarify your rights, communicate on your behalf, and keep the executor accountable. If you suspect misconduct like favoritism, mismanagement of funds, or withholding assets you can petition the probate court to intervene.
This is known formally as “renouncing”. A deed of renunciation must be signed, and once it is, your appointment will be terminated and you will not be able or be required to act as an executor of the estate. The remaining executors, if any, will still be able to act.
If the executor acts dishonestly or carelessly in managing and distributing the estate's property and you stand to inherit under the will, you may be able to bring legal action to have them removed.
How To Sue A Deceased Person's Estate: Understanding California Law. Probate Code Sections 550 and 552 provide that an action against a deceased person, where the plaintiff seeks recovery of insurance proceeds only, may be filed against “the Estate of Decedent” within the decedent's estate.
This is because as a trustee, on behalf of a charity, you enter into contracts in your own name. If the contract is breached you may be held to be personally liable and your own personal assets may be at risk.
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.
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.
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.
