Are you an estate beneficiary looking to sue an executor of an estate? Yes you can, just merely be sure the amount you are claiming is within the small claims parameters.A creditor may be able to sue the executor for an unpaid claim. You must first file a claim to recover a debt against an estate. It is legally possible to sue an executor of a will, but the choice of whether to do so will depend upon your chances of success. Negligent misrepresentation occurs when a seller or their agent carelessly provides false information about a property, leading to potential legal claims. In a word, her claim is based on the assertion that she purchased the property from the deceased in 1998 although she never proceeded to obtain title thereof. If you believe the executor is distributing assets incorrectly or failing in their other duties, you may be able to make a claim against them. Can an executor of a will be a beneficiary? What are the duties of the executor?