An executor or a beneficiary can make an application to Court to ask the Court to determine any question arising in the administration of the estate. If necessary, an application can also be made to substitute or remove an executor. The Court will not take this decision lightly.
Can a beneficiary sue an estate?
Can a Beneficiary Sue the Executor? An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job, breaching their fiduciary duties or causing financial harm to the estate.
Can a beneficiary sue an executor of an estate?
A recent Florida appeals court decision, Sims v. Barnard, helps explain how the law works in this area. This case involved a probate estate that took almost 10 years to administer. At least one of the beneficiaries was dissatisfied with the performance of the personal representative who administered the estate.
What happens if an executor dies without a will?
Neither the executor nor the beneficiaries have any rights with regard to the estate before the testator passes away. Just because you’re named in the will doesn’t mean you get to start making financial decisions about how your Aunt May is handling her assets. If the deceased died without a signed will, the deceased died without a will.
What can an executor do after filing for probate?
To fill out the petition for probate, you may have to do some basic analysis to determine what’s in the estate. But taking action beyond that — selling assets or making payments — is not allowed until the court has approved your petition and appointed you as the executor.
Is there a statute of limitations on suing an executor?
The rules for filing a complaint with the court are the same as with any civil lawsuit, including doing so before the statute of limitations expires. Take your documentation to a lawyer or legal aid for review and to find out if you have a case and how long you have to file.
