Can You Sue A Deceased Person? The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.
In either case, the person can be arrested if the judge feels they had no defense or justification for disobeying the court order. But you should really speak to someone in the probate court's office (and they might recommend you getting a local attorney).
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.
The Cons of Probate in California
Delays in Asset Distribution: Probate can be time-consuming, causing delays in asset distribution, which may not be ideal for heirs in need of quick access to funds. Complex Court Procedures: The probate process can be intricate, potentially taking months or even years to complete.
If the will is contested, litigation costs can be insurmountable. By avoiding probate, you can also keep someone from contesting your wishes altogether. Finally, one of the biggest reasons individuals avoid probate is because they want their financial affairs kept private.
Probate is a court-supervised proceeding that authenticates your Will (if you have one) and approves your named Executor so he or she can distribute your property and belongings. During the probate process, all your assets must be located and assessed for total value.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
Vulnerabilities of Inheritances to Lawsuits. Sadly, the answer to the question, “Can your inheritance be at risk of a lawsuit?” is “yes.” If you and your family members aren't careful, you may risk losing some or all of an inheritance during a legal battle.
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.
It's important to distinguish—the estate's assets do not belong to the executor. They belong to the estate. As a fiduciary, the executor must manage the money in the estate account, but they cannot take it for themselves.
The Role of the Probate Judge
If the estate is simple, and the estate plan is comprehensive, the judge's role in the probate process is minimal. They may name an executor, or simply grant administrative powers to the person the decedent chose as executor in their will.
What Do I Do If I Was Cheated Out of My Inheritance? If you have been cheated out of your inheritance, the first thing you should do is consult with an experienced attorney. Inheritance disputes can be complex, and it is vital to have legal representation to protect your rights.
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.
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
After probate is closed, beneficiaries and creditors still have a window of time in which they can file complaints against the executor or the estate itself. The federal Uniform Probate Code allows up to one year for complaints to be filed, though individual states may allow for a longer time frame.
Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account. At Bratton Estate and Elder Care Attorneys, our lawyers recommend putting an asset protection plan in place before you need it.
If you are a beneficiary and feel like the executor is not fulfilling the duties of the job correctly, you may ask the court to remove and replace the executor.
Yes, in their capacity as the people who handle deceased's estates and execute their Wills, executors can move funds from a deceased's bank account to an estate account and take from it to pay estate debts, taxes, etc., but not as their own. After all, the assets don't belong to them but the estates they handle.
In California, the executor of a will, also known as the personal representative, generally has about one year from their appointment to complete their duties. That includes paying creditors and distributing assets to beneficiaries. The timeline can be extended.
Executors who violate their duty may face legal action by beneficiaries or creditors, although they cannot be held accountable for a decline in asset value unless it resulted from their unreasonable actions.
First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
However, the key difference is that: A Will is a legal document that you write and keep updated during your lifetime. It allows you to record your wishes. Probate is a legal process that happens after you die.
Yes, But it's Time to Start Making Other Arrangements
However, if one beneficiary lives in the property to the exclusion of others who also inherit the property, litigation may result between them. In California, any property owned by an individual is subject to probate, including real estate.