Q: An executor did not submit the paperwork prior to the deadline. Can this person be sued for reimbursement of fees paid?
The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner.
The desire is to recoup the funds, attorney and court cost, spent.
Is this possible? And the process.
A:
It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses.
While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can decline to serve in that capacity.
An heir of the decedent or a creditor of the decedent can also file a proceeding to probate a decedent's estate.
In either case, the attorney fees and court costs for the probate proceeding can and should be paid out of the decedent's estate. Therefore, recouping those from an executor who has elected not to serve or to file a probate proceeding is highly unlikely to be successful.
On the other hand, if the person named as executor in a will, or really anyone, is not an heir of the decedent and used assets of the decedent for personal use, the personal representative of the decedent's estate or the decedent's heirs may sue that person. How much they may be able to recover depends on the nature of the asset and the appropriate measure of damages for its unlawful use. If it was a residence or automobile, the traditional measure of damages for use is the fair rental value of the home or vehicle.
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