Suing An Estate Executor Without A Lawyer In Riverside
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Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
FAQs About California Real Estate Probate Law A: When a house goes through probate in California, it becomes part of the estate that the court administers. The appointed Executor or Administrator is entrusted with managing the property, including securing it, keeping it, and even selling it.
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.
If you have any questions or concerns, please contact the Riverside Probate Clerk's office at 951.777. 3147.
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 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.
