can you sue the executor of a will?

Answer 1

YES!!!!

Answer 2

The usual practice is to ask the Court to require the Executor to do an accounting. Once you have a listing of principal receipts including the estate inventory, disbursements to pay debts and taxes, capital changes with gains and losses on sales, distributions to beneficiaries, as well as income receipts and disbursements, you have enough to build a case.

Then, you file an objection to the accounting, and you get to present evidence of the executor's malfeasance, and the court will give you a fair shake. They will surcharge the executor, and maybe also the executor's attorney.

The venue for an action against the executor is the probate court, and the probate court acts according to equitable principles. Many larger counties have probate courts with judges who specialize in matters relating to wills, estates, and trusts, and I have been pleased with their professionalism.

I strongly suggest that if you proceed in this manner that you be represented by a good probate lawyer.

Answer 3

In most states the executor is bonded for this reason. If you have a valid reason, then go for it. However, if you are just mad that the executor executed the will as it was written, beware that the executor can sue you in return!

Answer 4

Yes. They have a fiduary duty to the heirs and to the estate. I can tell you any more based on your question, but there is potential liability on an executor. That's why sometimes a bond is required.

Answer 5

If you can prove that they acted fraudulently, yes. If they are only carrying out the orders and wishes of the deceased; and you don't happen to like it; no.

For instance, if they influence or threaten someone into making a will their way; and it is not the wish of the person involved without undue duress, you could do so. The person who was threatened was not able to make a completely free decision. It is wrong to do this, and those people should be ashamed. It is rarely the case, however.

Are you in the U.K?