Suing An Estate Executor For Deceased Person In Philadelphia
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Can a Beneficiary Sue the Executor? An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
A Judge Must Remove the Executor. As an interested party, your attorney must present a compelling reason for removal. The Judge is not a detective. Your team must gather and present evidence to the Judge. Further, the Judge will only listen to evidence presented under the court's rules of evidence.
Personal representatives (i.e., executors and administrators of the estate) are required to provide beneficiaries and other interested parties (i.e., persons or entities with a financial stake in the estate) with financial information about the estate they are overseeing.
Settling an uncontested estate takes anywhere from 9 months to 18 months.
Responsibilities and Roles of an Estate Executor in Pennsylvania Filing the Will and Opening Probate. Gathering and Protecting Estate Assets. Notifying Beneficiaries and Heirs. Paying Debts and Expenses. Handling Tax Matters. Managing Estate Accounts. Distributing Assets to Beneficiaries. Filing a Final Accounting.
See PEF Code §3532(b)(1). No claimant shall have any claim against distributed real property unless such claimant has, within one (1) year after the decedent's death, filed a written notice of claim with the Clerk of Court.
The death of a party does not stop the running of the statute of limitations applicable to any claim against the decedent, but any claim that would otherwise be barred within one (1) year after the decedent's death is not barred until the expiration of one (1) year after the date of his death.
A creditor against an estate files a claim by providing the personal representative of the estate with written notice. This can be done by submitting a completed Notice of Claim form with the court register. The filing of a claim preserves the creditor's right to collect from the estate.
