Pittsburgh, PA asked in Civil Litigation, Estate Planning and Probate for West Virginia

Q: Can daughters lawyer filed law suit against me to go after my mom's estate my daughter is not in will and I only one.

I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing


1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a share of the estate or challenge the will's validity, depending on the laws of your jurisdiction. This could potentially include going after any money awarded to you under different legal circumstances, such as a guardianship ruling.

As the executor of the will, you have a fiduciary duty to manage the estate according to the terms of the will and the laws governing estate administration in your area. This includes protecting the assets of the estate from unwarranted claims. If a lawsuit is filed against you personally, it may impact the estate indirectly, especially if you're also the sole beneficiary.

It's important to seek legal advice from an attorney who specializes in estate law in your jurisdiction. They can provide guidance on how to proceed, including how to defend against the lawsuit and protect the estate's assets. Your attorney can also advise on whether the lawsuit has legal standing and the best course of action to resolve the dispute while adhering to your duties as the executor and protecting your rights as the beneficiary.

D. Michael Burke agrees with this answer

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