He CAN, but why bother. The word "sue" just means ask, but in legal terms. When you sue someone, you're asking the court to make you pay. Rather than have someone else make you pay, why not just pay it if it's a legitimate debt? If you're unsure about the validity of the debt, why not seek legal advice.
Absolutely. Beneficiaries have vested rights in their inheritances and executors may not ignore them. Anyone who has a vested right that is being taken away has the right to sue the person taking it away. Further, every state has laws governing what executors have to do and how they do it. If they do something contrary to those laws, exeutors may be sued either to compel them to obey the laws, or pay damages for any loss or even for removal of the executor and appointment of another. There usually are some limitations on when a beneficiary can sue. In NJ a beneficiary may not sue for at least one year after appointment unless there is some special reason to allow it sooner.
A beneficiary can sue an executor. There could be any number of causes of action including fraud, misappropriation and breach of trust.
Anyone can bring a law suit against anyone if they have been wronged. Beneficiaries often get into such lawsuits.
Yes.
Yes. An executor may also be a beneficiary.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
Yes, if the executor abused their authority, wasted assets, failed to follow the provisions in the will and the probate laws, failed to pay creditors or did any number of things an executor should not do or failed to do things an executor should do. An executor can be held personally liable for their misbehavior.
An adult child can be the executor. They can also be a beneficiary. They are required to be impartial when distributing the estate.
The answer depends on the details. You should consult with an attorney who can review the details and explain your rights and options, if any.
It is relatively common to for a beneficiary to be executor. They are more likely to get the estate closed quickly.
The beneficiary has not control over the will. The court will determine who the executor will be.
If you are the sole Executor you do not need signatures from any beneficiaries.
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.