Suing An Estate Executor For Child Support In Wake
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Generally, North Carolina law expects the executor to settle the estate within a reasonable time frame, typically ranging from six to 18 months or longer for complex cases.
However, as a rule, an executor must settle the deceased's estate within 1 year.
The statute of limitations for contesting a will in North Carolina is three years from the date of the decedent's death. This means that an individual must file a claim to contest the will within three years of the decedent's passing, or they will lose the right to challenge the will.
Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
If the responsibilities of the attorney are limited to assisting the executor with the estate administration process, then the North Carolina statutory law provides that the attorney's fees must be reasonable and not exceed 5% of the estate. Furthermore, the fees will offset the executor's commission.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate. A probate lawyer can assist with this process.
However, executors are jointly responsible for the actions of any of them, regardless of what any individual executor does.
Unfortunately, the answer to this question is yes, an executor can be held liable. If you have an attorney, ensure that they are a qualified probate attorney. There are many things an Independent Executor should know in order to make sure they fulfill their position properly.
This means that your only other recourse would be to sue the co-executor for breaching their fiduciary duties to the estate and beneficiaries because of the sale. You could ask the court to have them removed if you believe you have sufficient evidence that they are actively hurting the estate.
