When you are the beneficiary of an estate, a reliable executor is key to maximizing the amount available for distribution to and the efficiency of estate administration. Executors are meant to have the best interests of the beneficiaries and creditors in mind when fulfilling their fiduciary duties. However, executors sometimes abuse their position. As leading fiduciary litigation attorneys in the state of Georgia, clients often ask us, “Can a beneficiary sue the executor of an estate?”
The attorneys at Gaslowitz Frankel LLC have worked on cases against corrupt executors for over three decades. We have helped clients sue executors and collect damages, both in court and through settlement. Below are some common reasons a beneficiary may sue the executor of their estate.
When Can a Beneficiary Sue the Executor of an Estate?
If an executor fails to perform their fiduciary duties, beneficiaries have the right to sue their executor. Common ways in which an executor might abuse their position include failing to act in the best interest of the interested parties.
If The Executor is Self-Dealing
An executor must act in the best interests of those they represent, including both the beneficiaries and creditors of the estate. If the executor acts for his own benefit, rather than the benefit of those to whom he owes duties, he may be liable for any damages resulting from his acts.
Self-dealing includes making a loan to oneself with estate assets, stealing from the estate,, charging excessive fees, making self-interested investments with assets from the estate, or extending the execution of the estate to continue to collect administration fees.
The Executor Does not Execute the Will on Time
The executor of an estate must do everything in their power to administer the estate in a timely manner. If the executor fails to do their due diligence or drags their feet to collect administrative fees, these are grounds for a lawsuit. .
The Executor Fails to Perform Administrative Duties
It is the duty of the executor to locate all of the interested parties and notify them of any significant changes to the estate. The executor is responsible for tracking down interested parties to the best of their ability. If the executor fails to do their due diligence, they may be liable for failing to properly administer the estate.
The Executor Fails to Provide Financing Information
The executor of an estate must provide financial information to interested parties of the estate. If the executor fails to provide this information to the interested parties, there may be grounds to petition the court for an accounting of the executor’s actions with the estate.
About Gaslowitz Frankel LLC
We have the compassion and experience to guide beneficiaries toward understanding their unique situation and toward making the best decisions that optimize their outcomes. Our team has the expertise to address concerns beneficiaries have during the litigation process, including the desire to honor the deceased, avoid or minimize the time in court, alleviate stress, and make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcomes.
Fill out our contact form for a free consultation.
