Suing An Estate Executor For Personal Injury In Los Angeles
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To make a claim in an estate, the creditor must go through the court system. The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
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.
It's Legal to Sue, But Doing So Is Complicated You must provide evidence showing the extent of the pain and suffering experienced due to the deceased's conduct.
Time Frame For Suing An Estate The California statute of limitations requires filing the lawsuit within 40 days from the defendant's death. Missing this timeline can affect the outcome of the case.
How To Sue A Deceased Person's Estate: Understanding California Law. Probate Code Sections 550 and 552 provide that an action against a deceased person, where the plaintiff seeks recovery of insurance proceeds only, may be filed against “the Estate of Decedent” within the decedent's estate.
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.
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.
Liability when an executor makes a mistake Unfortunately, a genuine mistake can sometimes snowball into a much bigger and often expensive problem that can be very complicated to resolve. The executor of an estate can be held personally liable for a mistake that results in a loss to the estate.
To file the lawsuit, the plaintiff must prove the negligence or wrongful act, file the lawsuit within two years of the date of death, and show that they have suffered damages as a result of the death. Damages and compensation can be calculated based on economic, non-economic, and punitive factors.
