What rights do beneficiaries have against executors?
Asked by: Kaley Durgan | Last update: June 9, 2025Score: 4.7/5 (35 votes)
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
Do beneficiaries have rights over executors?
Can I have the executor of the estate replaced? If you are a beneficiary and feel like the executor is not fulfilling the duties of the job correctly, you may ask the court to remove and replace the executor.
Who has more power, a beneficiary or executor?
While beneficiaries can often disagree with an executor's decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it.
Can a beneficiary challenge an executor?
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate. A probate lawyer can assist with this process.
Do all beneficiaries have to agree to sue an executor?
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
What an Executor Can and Cannot Do
Can an executor screw over a beneficiary?
An executor may overrule beneficiary wishes if it is necessary to comply with a will's terms or a court order, though they cannot unilaterally reduce inheritance payments or alter will terms without following legal and ethical boundaries set out by both state law and the will itself.
How to prove executor misconduct?
Proving Executor Misconduct
Here is how you gather the evidence to build your case: Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
Who holds an executor accountable?
Executors who violate their duty may face legal action by beneficiaries or creditors, although they cannot be held accountable for a decline in asset value unless it resulted from their unreasonable actions.
Can a beneficiary harass an executor?
If beneficiaries are persistently approaching the executor for information, it may seem like harassment to the executor, but from the perspective of the law, it is not. Beneficiaries have a right to seek information from the executor, even if this right interferes with the executor's peace.
Can an executor advance money to beneficiaries?
Before an executor can provide any funds to a beneficiary, they have to ensure that all the deceased's bills, taxes, and estate administration expenses are paid. The executor must notify any known creditors of the death so those creditors can make a claim against the estate.
Can an executor decide who gets what when there is no will?
The answer would be the decedent's heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
What overrides beneficiaries?
An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
Can an executor of a will evict a beneficiary from the property?
Note that California law requires that both a 30-day and 60-day notice contain specific required language to be valid. If the beneficiary does not vacate within the specified time period, the trustee can file forms in court to start an eviction case.
What to do if the executor is ignoring you?
If you have gotten to the point where you feel an executor is failing to uphold their duty to maintain communication, you should contact a probate litigation attorney for support.
How can a beneficiary lose their inheritance?
If a will or trust contest is brought with the intention of removing a beneficiary, and it is proven that the beneficiary did in fact engage in misconduct to have the decedent drastically alter their estate plan, the beneficiary not only may lose their inheritance but they may also be responsible for covering the ...
How much does an executor get paid?
California has one of the most detailed schemes, which provides that the executor fee is four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent on the next $9 million, one-half of one percent on the next $15 million, and a “reasonable amount" ...
Can a beneficiary contest the executor?
Contesting executorship is the legal act of filing a petition to remove an executor from their appointed position. Families of a decedent may do this if they feel that the current executor has abused their power, or are not exercising due diligence in their duties.
Can someone sue you for your inheritance?
In California, intentionally interfering with another person's expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met).
Can beneficiaries demand to see deceased bank statements?
Beneficiaries are entitled to request bank statements from the executor by making an informal written request for them. Some executors may attach bank statements to their accountings for added transparency without beneficiaries having to ask, but it's usually not a requirement for them to do so.
Can the executor take all the money?
No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
What is an executor personally liable for?
Be sure that all debts, taxes, and expenses are paid or provided for before distributing any property to beneficiaries because you may be held personally liable if insufficient assets do not remain to meet estate expenses.
Can an executor of a will remove a beneficiary?
No, an executor does not have the authority to arbitrarily remove a beneficiary. Such an action typically requires legal grounds, such as the beneficiary's incapacitation or them contesting the will; and it often involves court proceedings.
What if an executor lies to a beneficiary?
Beneficiaries Can Sue the Executor Personally for Fraud
In that case, the people who suffered a loss due to the fraud can initiate a lawsuit against the executor for fraud or any other causes of action. The court can remove an executor as the personal representative of the estate for committing fraud.
What an executor Cannot do?
Executors can't fail to maintain real estate property so that it deteriorates and loses value. They also cannot make irresponsible investments with financial assets that would cause those assets to lose value.
Can an executor be sued for negligence?
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.