Executor Responsibilities Lawsuit
A Philadelphia executor responsibilities lawsuit lawyer is there to advise you about whether or not there appear to be grounds for you to initiate a lawsuit against an executor of an estate. An executor responsibilities lawsuit attorney in Philadelphia will tell you if you have a minor grievance against an executor and how this can be different from having a strong legal claim on which to file an official lawsuit.
A Philadelphia executor responsibilities lawsuit attorney will help you to sue an estate executor who fails to uphold his or her executor responsibilities. If executor responsibilities are ignored or are not upheld throughout the probate process, the executor could be held personally liable for any damages incurred due to the breach of responsibilities. An executor appointed to handle an estate has a fiduciary duty to the heirs directly and to the estate and if this is breached, this could lead to legal claims.
The first way that a case like this begins is by asking for a formal accounting. You need evidence of your own to show that an executor is charging too much in fees or is dragging their feet unnecessarily. While you might have many circumstantial pieces of evidence that support your claim, you need to see paperwork and details.
The highest duties of fair dealing and good faith are expected, and any evidence of embezzlement, fraud or breach of duty should automatically indicate that you need to hire a knowledgeable probate dispute attorney to help you. Your lawyer will evaluate the specifics of your case and help you identify whether or not the complaint is against the executor or the estate, and whether or not you currently have grounds to file a claim. You must have a standing interest in the outcome of the estate, such as inheriting some assets or property from the estate in order to be eligible to initiate litigation regarding management of the estate. Furthermore, those heirs who are legally incompetent or those heirs that are minors can have adults sue on their behalf. If you do decide that you will not be able to resolve things with the executor outside of court and that you need to pursue litigation, it is imperative to retain an attorney who knows the lay of the land. It is critical to collect as much evidence and documentation of the breach as possible and to provide it to your Pennsylvania probate attorney immediately. Matters associated with executor responsibilities and probate are very complex in both the financial and a legal sense. Furthermore, accusing someone of violating his or her executor responsibility is a serious issue and one that can make an already difficult situation much more tense. You need to ensure that you have the support of a knowledgeable lawyer to help you to initiate legal action sooner rather than later. With so many complex facets involved in the management of this type of legal issue, you need to identify an attorney who will sit down with you in an initial consultation and explain to you what to expect as well as to help you gather and to present all the necessary evidence when you need to illustrate that someone has failed to live up to the legal duties and responsibilities they have to the estate as well to the individual beneficiaries of the estate. Do not wait to call a lawyer since you will have a limited period of time in which you can lodge a lawsuit against someone who has breached his or her fiduciary duty or otherwise not upheld estate responsibilities.