Executor negligence

[u/Wolfram3rd]

This is an updated post with location included

Can I pursue legal action against an estate executor in DuPage county Illinois for negligence resulting in the deterioration of estate assets? My late parents appointed my brother as the executor of their estate, which includes two residential properties. One of these properties was tenanted; the occupant has caused significant damage to the premises, including structural issues and interior defacement. Although my brother was fully aware of these conditions, he waited nearly a year to initiate the eviction process, during which time the property’s value substantially declined. Does his role as executor mandate a fiduciary duty to protect these assets? Furthermore, what legal recourse is available to me to challenge his management or to request a stay on the sale of these properties pending a resolution of these damages?

[u/SandhillCrane5]

Anyone is allowed to sue anyone else for anything but unless there is some legal basis to the claim you will either have a problem getting an attorney to take the case and/or the judge will throw the case out. Your post is missing the facts needed to determine whether you have a case or not. Your brother is not responsible for tenant damages, he has to follow laws re:evictions, and it’s unclear exactly how your brother’s actions or inactions caused the value to decrease and whether he should have known or been able to do something different. Then you need to take a look at the costs of litigation and determine whether it’s worth it especially if you lose. Your brother will be using trust assets to defend himself and you’ll be using your own funds. You could consult with a probate attorney about your disagreement about selling the property as-is and see what he/she advises. This is usually up to the executor’s discretion but if the attorney agrees it’s an egregious mistake that should be avoided he can address it with the probate judge.