Can I file a motion to sue the executors of an estate for breach of fiduciary duty or negligence?

Asked on September 23, 2014 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally speaking, yes, you can as long as you have what is known as "standing" to bring the motion.  Standing means that you are a party that is legally allowed to bring a matter before the court.  Here it would be that you are an heir at law (would inherit with out a Will) or a beneficiary under the Will.  Good luck.


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