Klenk Law

Is an executor for a Chester County estate liable for damages?

Posted on Fri Sep 4, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Chester County Executor Liability

Most Recently Updated July 20, 2018.

“My mother named me executor, but I don’t get along so well with my brother and I am afraid he will sue me. Can I be personally liable as the executor?”

Chester County Executor Liability

Chester County Executor Liability

The executor is a fiduciary, owning a duty of care to the beneficiaries. If your brother is an heir, he has the right to review all actions you have taken as executor and, if he feels any action you took reduced his inheritance, as the judge to surcharge you (fine you) so he receives the correct inheritance.

In many ways, being executor is a thankless task. You get little reward if you do everything right, but you can be penalized if you do something wrong. If you wish to serve as the executor, you have the right to use the estate funds to hire an experienced probate lawyer to represent you. Part of that probate attorney’s job is to keep you out of trouble and to obtain for you a release of liability from your brother. Don’t give him any money until you have your release!

More Probate Questions?

Executor liability is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Chester County Executor Liability

I hope that this article was helpful in explaining executor liability. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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Chester County, Executor, Fiduciary Duty, Pennsylvania, Probate, Probate Attorney, Probate Lawyer

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