Can I sue the executrix of my father’s estate for mismanagement?

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Can I sue the executrix of my father’s estate for mismanagement?

I became aware today during a conference with the executrix, her attorney, myself and the judge. After 4 years of denying the existence of certain items that were bequeathed to minor heirs, the executrix admitted she sold the items in question to “pay bills”. I am unable to afford an attorney due to financial circumstances and I think the executrix should be held accountable for her transgressions.

Asked on November 28, 2011 under Estate Planning, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If it appears that thr executrix mismanaged your father's estate where certain items were sold to pay bills but she did not receive a court order allowing such and did not file any paper work with the court stating that this was done, you may have a factual and legal basis for bringing an action against her as an heir to the estate.

I presume that there is a probate attorney for your father's estate. If so, then you should consult with him or her about your concerns as to the executrix.

If you cannot afford an attorney, I suggest that you contact your county's legal aid project for assistance assuming there is one in existence.


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