Executor Personal Liability Issues
A Philadelphia personal liability for executor’s lawyer can assist you if you believe that an executor appointed to represent an estate has not carried out his or her legal duty. Unfortunately, people can make significant mistakes, including failing to probate the correct document. A personal liability for Pennsylvania executor's lawyer in Philadelphia will tell you that this has been a cause for far too many lawsuits that could have been prevented. When an executor administers an estate, they will put together what's known as a family settlement agreement and this allows them to opt out of much of the probate process.
Since Pennsylvania is a high tax state and a low probate fee state, as well as a straightforward probate system, an executor is appointed to handle many different things, all of which leave room for possible error and conflicts. An executor who makes mistakes in the case, including failing to pay the appropriate creditors, directing assets to his or her personal interests rather than to the best interests of the beneficiaries, and handling documents improperly, could all face personal liability. This is because if any of the beneficiaries of that estate choose to come forward with a legal claim and can show significant proof that the executor breached his or her fiduciary duty to the beneficiaries of that estate, then the court could choose to remove the executor from that estate or could pursue other options. Probate disputes can be costly.
When an executor takes on this important role without truly knowing what to expect or what is required of him or her, even small mistakes could cause problems down the line. If beneficiaries can show that they were unfairly harmed by another person’s illegal or reckless activity, then the executor might have personal responsibility and could lose out on valuable money. If the parties filing the lawsuit can show that the executor harmed them by making poor decisions, the executor might have to pay this money back to the estate. Anyone who intends to serve in this role must be prepared for the potential challenges of being named as responsible and should keep good records to be able to respond to claims of malfeasance.
One other common option that has a great deal to do with personal responsibility for the estate executor has to do with repaying the funds illegally taken or removed from the estate out of the executor's personal money. This can be an overwhelming situation for a person who has been appointed in a Pennsylvania estate as the executor. However, it is one that can land a person in significant hot water if they are not careful. Furthermore, those beneficiaries who believe that an executor in their individual case has already taken an appropriate action that has subjected them and other beneficiaries to mistakes and financial harm, are well within their rights to schedule a consultation with a Philadelphia personal liability for executors in Pennsylvania lawyer who can advise them of their rights.
A Philadelphia personal liability for Pennsylvania executor's attorney will advise those beneficiaries to come forward with the evidence and to prepare a legal claim. The judge might decide to simply remove the executor from the case but other consequences can include direct financial personal liability against that executor. Regardless of how the case unfolds, it falls to the beneficiaries to show the proof that the executor has not acted within the legal bounds of responsibility that he or she was accountable to uphold. An executor in Pennsylvania can benefit from the support of an experienced attorney.