Suing An Estate Executor For Breach Of Fiduciary Duty In San Bernardino
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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.
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.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
An executor has a fiduciary duty to always act in the best interest of the estate. This means that if an executor does not act in the best interest of the estate, they may be subject to court intervention and penalties for a breach of their fiduciary duty.
Disloyalty to beneficiaries. Improperly favoring one beneficiary over another. Colluding with some beneficiaries to deprive others of their estate assets. Poor judgment (e.g. making incompetent investment decisions using estate assets)
A breach of trust occurs when a trustee contravenes the terms of the trust or the duties of a trustee. Trustees are jointly and severally liable for breach of trust to their beneficiaries where the breach has given rise to a loss.
The fiduciary duties of trustees refer to the duties owed when managing a trust by a trustee to the beneficiary . Like other fiduciary relationships, trustees have fiduciary duties of care , loyalty , and good faith . As a result, the trustee must manage the trust in a reasonable manner and avoid self-dealing .
These duties exist both during marriage and, in some cases, until assets are actually divided in a dissolution. Failing to act in good faith or attempting to take advantage of the other person are considered breaches of fiduciary duties.
A breach of fiduciary duty happens when the fiduciary acts in the best interest of themselves or someone else, rather than the beneficiaries. Fiduciaries should not use estate or trust assets for personal gain.
