Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

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!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags:

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

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Qiana Wright

Great friendly staff

Klenk Law Logo
Stars

Nafeesha. B

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Klenk Law Logo
Stars

A.R.

Peter and his associates made things easy for us.

Klenk Law Logo
Stars

AJK

Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

Klenk Law Logo
Stars

Glenn P.

Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!

Let us put our expertise to work for you.

Free consultation within 24 hours.