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?
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.
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