Asked in Estate Planning for New York

Q: I have a question about if one beneficiary can or cannot sue another beneficiary of an estate.

There are 5 beneficiaries ( I will call them B-1,2,3,4,5)in our parents estate. I am one (B-5) and also the executor. B-1 & B-2 sued me for breach of duty. 9 years of court hearings finally came down in the judge finding no fault in me as executor and dismissed all charges.

The estate attorney fees for nine years was astronomical. This was totally unfair to not only myself but the 2 remaining beneficiaries (B-3 & B-4)to which had nothing to do with the lawsuit but lost a sizable sum of their inheritance to the estate attorney. The will states equal shares to each beneficiary.

My question is;

Can B- 3 & 4 sue B- 1 & 2 for inheritance money that they lost out on due to B-1&2’s actions?

Related Topics:
1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: It is not a suit by beneficiaries. You can bring a petition to surcharge the share of the one bringing the suit for the legal fees before you distribute. But, this will be another round of litigation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.