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In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.

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15y ago
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14y ago

Yes. You can consult an attorney if you disagree with the actions taken by the executor. The attorney will review the situation and explain your options. If the executor has acted within their authority then you will have to pay your attorney for their services. If the executor is found to have acted improperly you may be able to recover your legal costs.

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Q: Can you hire an attorney to challenge an Executor's decision regarding the estate?
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