Suing An Estate Executor For Personal Injury In California
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If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
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.
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.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
– Executors are fiduciaries, meaning they must act in the best interest of the estate and its beneficiaries. They cannot use estate assets for personal gain or benefit from the estate improperly.
How Long Does An Executor Have To Sell Property In California? In the Golden State, there's no hard and fast deadline for an executor to sell a property. However, they do need to keep things moving along with the estate's timely administration.
Can You Sue a Dead Person? No, you legally cannot sue a dead person. However, you can file a lawsuit and/or creditor claim against their estate to request compensation from the deceased's assets.
Generally, in California creditors of a decedent's estate have up to one year (365 days) from the decedent's death to file a timely creditor claim. The claim must be filed inside an open probate court proceeding.
Understanding the Deceased Estate 3-Year Rule The core premise of the 3-year rule is that if the deceased's estate is not claimed or administered within three years of their death, the state or governing body may step in and take control of the distribution and management of the assets.
California generally requires for the executor to distribute assets within a year of being appointed, although there are many circumstances that can cause the executor to require more time, which they may be able to get by requesting an extension from the court.
