Pursuing and Defending Legal Actions

A Personal Representative or Trustee may find their fiduciary duties include initiating or continuing various legal actions either on behalf of the decedent or the estate. The decedent may have filed a complaint against his neighbor regarding a property line dispute that needs to be resolved or you may have a beneficiary that refuses to vacate a property owned by the estate. The Personal Representative or Trustee may also have to defend the estate against actions from a beneficiary or a third party that dealt with the decedent while living. To follow are just a few examples of legal actions that may be pursued by or brought against the estate:

  • Decedent caused an accident and the injured party is now suing
  • The Decedent was killed in an accident and the estate is now suing
  • The Decedent was involved in a lawsuit prior to death
  • Will and Trust contest actions
  • Legal action between fiduciaries and the Decedent’s beneficiaries
  • Land with title problems or defects
  • Uncooperative tenants – the eviction process
  • Creditor claims
  • Collection of debt(s) owed to the estate

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