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Can u sue for libel for being accused of allegedly doing something illegal as executor of an estate?My husband, as executor of his recently deceased best friend’s estate, is being accused by a brother of his friend of deliberately not informing...

Can u sue for libel for being accused of allegedly doing something illegal as executor of an estate?My husband, as executor of his recently deceased best friend’s estate, is being accused by a brother of his friend of deliberately not informing him of his brother’s passing & refusing to share the contents of the will with this brother. But his best friend had left specific details of who he wanted to be notified etc and this brother was not on the list although another brother was. The excluded brother is now sending emails & letters saying that my husband is doing something illegal & he put a claim on the estate & is insisting on seeing the will and going through the personal effects etc. There is not much in the estate to pay for court costs etc so what can we do?

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Posted by Guest on þri 17.apr 2012, 04:56:26 GMT

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Posted by Guest on sun 15.apr 2012, 21:41:13 GMT

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libel and slander are both defamation. libel is for recorded and slander is for verbal statements. most states do not codify this in statutes. it is generally governed by case law showing the elements that need to be pleaded and proven. you generally do...

libel and slander are both defamation. libel is for recorded and slander is for verbal statements. most states do not codify this in statutes. it is generally governed by case law showing the elements that need to be pleaded and proven. you generally do not cite the authority in a pleading in a counterclaim. just state the wording under AZ law below:“A. Slander and Libel. Slander and libel are included in the tort of defamation, which has four elements:(a) a false and defamatory statement concerning another;(b) an unprivileged publication to a third party;(c) fault amounting at least to negligence on the part of the publisher; and(d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.”Athans v. Starbucks Coffee Co., Slip Copy, 2007 WL 899130, *1-2 (D.Ariz.,2007) (citing Restatement (Second) of Torts § 558 (1977); Peagler v. Phoenix Newspapers, Inc., 114 Ariz. 309, 560 P.2d 1216, 1220 (Ariz.1977) (en banc) (following Restatement); Boswell v. Phoenix Newspapers, Inc., 152 Ariz. 1, 730 P.2d 178, 180 (Ariz.Ct.App.1985) (same)).

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Posted by Guest on þri 10.apr 2012, 06:15:12 GMT