When can you take legal action against an executor?

On Behalf of | Jan 9, 2023 | Probate Litigation

The named executor of a will is responsible for carrying out the wishes of the deceased and managing their estate. However, there may be instances where the executor doesn’t fulfill their duties properly, leading the beneficiaries to consider taking legal action. 

Here are situations where it may be appropriate to sue an executor:

1. Mismanagement of assets

It is the executor’s responsibility to manage the assets of the estate soberly. However, if the executor is found to be mismanaging assets or using them for their own benefit, you may consider taking legal action to get them removed as executor.

2. Failure to distribute assets

When an executor is named in a will, it is their responsibility to distribute the estate’s assets according to the will’s terms. This may include distributing money, property and other assets to the beneficiaries named in the estate planning documents. However, you may consider taking legal action if the executor goes against the terms of the will.  

3. Conflict of interest 

An executor must act in the best interests of the beneficiaries and the estate. If the executor is a beneficiary or places their personal interests above those of other beneficiaries, then you can sue them. 

4. Fraud or wrongdoing

If the executor is found to be committing fraud or engaging in other illegal activities, beneficiaries may consider taking legal action.

If you are a beneficiary and believe that the executor of an estate is not fulfilling their duties properly, you need to take legal action against them. This means filing a lawsuit in probate court. The court will then review the case and decide on the matter. 

Don’t let an irresponsible executor get away with mismanaging an estate or acting against your interests as a beneficiary. You can hold an executor accountable and ensure that the wishes of the deceased are carried out properly. 


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