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By: Scott Grossman on June 18th, 2018

I suspect the executor of an estate exhibits bias behavior while administering an estate. Do I have grounds to bring an action against him?

Administering an estate in California is a complex, lengthy, and expensive procedure.   Therefore, it is vital that you contact an experienced Riverside estate litigation attorney for guidance immediately after suspecting bias behavior.

If you are unclear as to whether or not you have grounds to bring an action against an executor for exhibiting bias behavior while administering an estate, consider whether your case satisfies the following:

  • First of all, are entitled to receive something from the estate or are an otherwise interested party?
  • Furthermore, is the executor is taking actions for the benefit of one or more beneficiaries that are to the detriment of others?
  • Additionally, does the executor appear to have a motive or agenda that is harmful to one or more beneficiaries?
  • Also, is there no statute of limitations that have been tolled relating to the claim?
  • Lastly, can the executor not reasonably act impartially towards the beneficiaries of the estate.

Fortunately, an experienced legal professional can assist you in determining whether or not you should bring a claim against an executor. For more information about the duties of an executor and filing a claim against him or her, view our free guide The Ultimate Guide to California Trust and Probate Litigation. To learn more and obtain guidance in bringing your own action, contact an experienced San Diego probate litigation attorney today. Call our toll-free number at (888) 443-6590.

Key Terms: 

Estate (noun):

An estate includes the things that a person owns. The things left by someone who has died can be distributed based on a Will, Trust, or Intestate laws. Estates have to be administered in the Probate Court if the estate meets certain criteria. See our Infographic on The Probate Process.

Executor (noun):

Person named in a Will as the person who will make sure that the instructions in the Will are followed. They are responsible for executing the Will, and are either appointed by the court or by the deceased person. They are responsible for taking care of a deceased person’s financial obligations. Financial obligations include disposing of property and paying bills and taxes. The executor must also make certain that the deceased last wishes are carried out according to the Will.

Litigation (noun):

Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.