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.
An estate litigation lawyer can assist you in filing a petition with the probate court. The court will order the executor to abide by the dispositions of the will and correct the situation by a specific deadline if they agree with your claim.
However, in more serious cases, an Executor may be acting fraudulently to benefit themselves or others. In such cases, swift action is needed to protect the beneficiaries and ensure the deceased's wishes are respected.
Ways an Executor Cannot Override a Beneficiary
For example, an executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duties.
An executor may overrule beneficiary wishes if it is necessary to comply with a will's terms or a court order, though they cannot unilaterally reduce inheritance payments or alter will terms without following legal and ethical boundaries set out by both state law and the will itself.
Progress from filing a formal complaint, include factual evidence showcasing the executor's breach of fiduciary duty. Evidentiary support might consist of documentation of misappropriated funds, proof of unpaid estate debts, or records of negligent misconduct.
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.
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.
Corrupt will executors may transfer property titles without proper authorization, utilize funds in the estate to invest in stocks or companies, remove funds to pay their own bills, or provide themselves with unreasonable amounts of compensation.
If sufficient evidence exists to suggest the personal representative breached their duties, estate beneficiaries generally can proceed with suing the executor of the estate with help from a probate attorney.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason.
If you or the estate has suffered financial loss due to the executor's conduct, then a civil claim for breach of trust can be made against them for redress. In some circumstances an application to the court to remove the executor can also be made.
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.
The California Probate Code allows for victims of inheritance theft to pursue double damages, treble damages, punitive damages, disinheritance of the thief, attorney's fees, and costs in particularly egregious circumstances, so often a letter that explains the potential consequences will be sufficient to convince your ...
In general, executors typically do not have the authority to remove beneficiaries from a will.
An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
As an executor, you must provide a formal accounting at least once a year, but beneficiaries can request an informal probate accounting in California at any time. When they do, you must produce it.
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.
While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries.
Be sure that all debts, taxes, and expenses are paid or provided for before distributing any property to beneficiaries because you may be held personally liable if insufficient assets do not remain to meet estate expenses.
If an executor is ignoring you, they are in violation of their fiduciary duties. You should hire a qualified lawyer as soon as possible to try and turn the situation around. Something else beneficiaries can do to avoid being ignored by the executor is to play an active role in administration.
Having assets held in a trust that is managed by a trustee who is hostile to the trust beneficiary is another, more subtle way, to disinherit someone. Yes, Tom is technically a trust beneficiary with an equal share. But John's hostility towards his brother effectively keeps the trust assets away from Tom.
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.
A lawyer can guide you on the available legal channels to compel resignation or removal of an uncooperative executor. If all else fails, the probate court can intervene to ensure smooth administration of your estate.