Executor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it's easy for beneficiaries to get frustrated. Feelings of helplessness and lack of control can lead to anger and even ruin relationships.
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.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions. You need a sharp attorney to gather evidence, file the motions, and fight for your interests.
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
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.
Ing to Washington state executor requirements, an executor has no exact timeframe to settle an estate. It can take several months and up to a year for an estate to pass through probate.
Ing to Washington state executor requirements, an executor has no exact timeframe to settle an estate. It can take several months and up to a year for an estate to pass through probate.
Executors are required to keep beneficiaries reasonably informed about the status of estate administration — a duty which generally includes accounting. For this reason, if an executor is doing their job, it usually won't be necessary for beneficiaries to request an estate accounting.