The beneficiaries have no right or interest in the deceased estate until the executor or the administrator distributes and disposes off the assets and debts of the deceased. The beneficiaries only have the right to sue the executor and the administrator if they fail to administer the estate diligently and correctly.
Can the executor of an estate be held liable?
An executor can be held personally liable for the debts of the estate up to the value of the estate. If they distribute the estate and leave a creditor outstanding, that creditor may bring a claim against the executors.
What is inheritance hijacking?
Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. If someone pressures an estate holder to make them an heir, it may result in inheritance theft. Theft or document forgery, changing the nature of a will.
Can a person be sued by the executor of an estate?
The executor of an estate can be named in a civil claim or lawsuit that involves the estate; however, he or she is not necessarily liable for all of the estate’s obligations; and is only liable for damages that were a direct result of his or her actions while administering the estate.
Can a lawyer represent both executors of an estate?
Your lawyer would represent you. He/she cannot represent “the estate” because the estate does not need representation. He/she cannot represent both executors because you have made it clear that you and your brother have an actual conflict and not a potential conflict that you both could consent to working around.
What should an executor do if there is no will?
If anything in the Will is unclear they should ask the estate’s lawyer to explain it. Ensuring the deceased is buried or cremated, preferably in accordance with any wishes expressed in the Will. These wishes are, however, not legally binding.
What happens if an executor breaches her fiduciary duty?
When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.
