Suing An Estate Executor For Misrepresentation In San Jose
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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.
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.
– Executors are fiduciaries, meaning they must act in the best interest of the estate and its beneficiaries. They cannot use estate assets for personal gain or benefit from the estate improperly.
The fiduciary duties of executors include: Administering the estate ing to the terms of the decedent's Will. This includes marshalling and valuing the assets of the estate, paying debts and taxes, and distributing the remaining assets to the beneficiaries ing to the terms of the Will.
Distribution of assets: Embezzlement, misappropriation, outright theft or any other failure to distribute the assets of the estate or trust as dictated by law constitutes a fiduciary breach.
A fiduciary's breach could involve doing something for their own personal advantage or neglecting your best interest, and if you know what to look out for, you stand the best possible chance of avoiding personal liability and limiting potential damage.
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.
How Long Does An Executor Have To Sell Property In California? In the Golden State, there's no hard and fast deadline for an executor to sell a property. However, they do need to keep things moving along with the estate's timely administration.
