You'll find FL's probate statutes under Estates & Trusts at www.flsenate.gov/statutesWhat is the name of your state? Florida
Does an executor of a probated estate have to ask the beneficiaries of the estate for permission to institute a lawsuit against someone if it has to do with estate assets?
Lots of storyline here, tranq. Brother, the PR, is suing peppylady to try to bring POD accounts into the probate estate (peppy is the beneficiary of the accounts) based solely on some nebulous "Dad really would not have wanted it that way and it just ain't fair" grounds. The Bro is using probate estate funds to pursue the case. Peppy would also inherit under the will.This is not unusual in a situation where there is a note to the beneficiary out there. The estate *must* try to collect the note, especially in a large estate but even in a small one, as there are tax ramifications to the indebtedness. If an executor, even where there is a single beneficiary getting it all, were to not try to collect the note or do the proper reporting of cancellation of indebtedness after the effort failed, the government could go after the executor for taxes and penalties.