When the Executor of an Estate is Taken to Court by Family

Being an executor of an estate is challenging. When your family takes you to court because of discrepancies with the estate, then you have an even greater burden on your hands.

Not only do you have to deal with the hassle of the legal process for estate planning, but you also have the emotional frustrations of family bringing a suit against you.

These situations are never easy, but there are steps you can take to ease the stress of preparing for an estate-related case.

Speak with an Estate Lawyer

As soon as you are notified of the lawsuit filed against you, we recommend speaking with an estate attorney. You should not contact the family member who is taking you to court, because you do not want anything you say to be used against you. Therefore, only contact an attorney to speak about the notice and your circumstances. Get a Referral to an Estate Attorney in San Diego

Assemble the Paperwork

Your attorney will advise you on next steps, but as the executor of an estate you likely will need to present documents on accounts and record keeping. Be sure to dig out any old paperwork, notes, and agreements you have about the estate. If you have electronic proof of communication between family members, make sure you have that available or find out how you can retrieve it from your wireless carrier or Internet provider.

Ask about Fees

If your family takes you to court, then you may be able to deduct your attorney’s fees and other related costs if you win the case. As executor of the estate, it is your time and money that is fighting this case, so if the court rules in your favor then you may be able to recover all or some of those costs.

If you have questions about what to do when family takes you to court, then please reach out to the Lawyer Referral and Information Service (LRIS) for a lawyer referral. We can be reached at (619) 231-8585, via online chat, or by submitting an online request form.


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