As a beneficiary of an estate, you rely on the estate’s executor to perform his or her duties in accordance with the probate laws. Unfortunately, however, executors don’t always act in accordance with the law. In this article, we discuss whether you can sue an executor for mismanaging an estate.
The Executor’s Role
The executor of an estate is responsible for management of the estate and distribution of estate assets. If there is a valid will, the executor must adhere to the wishes of the deceased. However, if there is not a valid will, the executor must distribute the estate’s assets in accordance with state law. In addition to distributing property to beneficiaries, the executor must initiate probate, pay taxes and debts, and take other important actions required by law.
Rights of Beneficiaries
As the beneficiary of an estate, you have certain guaranteed rights. And the estate’s executor plays an important part in ensuring that these rights are honored. Key beneficiary rights include:
- The right to receive estate assets in a timely manner
- The right to receive information regarding the administration of the estate
- The right to request to remove or suspend an executor
- The right to have the executor of the estate act in your best interests
Suing an Executor
A beneficiary of an estate may sue an executor if the executor fails to perform his or her duties as required by law. Specifically, if an estate beneficiary suspects that an executor—either negligently or purposely—has breached his or her duties, then there are specific steps that the beneficiary can take to obtain legal recourse.
Examples of incompetence on the part of an executor can range from negligently mismanaging the assets of the estate to intentionally taking illegal or unethical actions regarding the estate. The specific legal remedies available to the beneficiaries of an estate are dependent upon several factors, including the type of harm caused to the estate and its beneficiaries.
Reasons to Sue an Executor
As noted above, an estate beneficiary may sue an executor if the executor has failed to properly perform his or her duties. Examples of reasons to sue an executor include:
- The executor failed to provide estate beneficiaries with accountings
- The executor misappropriated assets of the estate for his or her personal gain
- The executor mismanaged assets of the estate
- The executor failed to pay the estate’s taxes
- The executor put the assets of the estate at risk by making risky investments
- The executor has one or more conflicts of interest
Contact an Estate Litigation Attorney
If you need assistance with estate litigation, including suing an executor, the experienced estate litigation attorneys of Biddle Law are here to help. At Biddle Law, we will work diligently on your behalf to obtain a successful resolution of your legal matter. Please contact us today to arrange a consultation with an experienced estate litigation attorney.