In Beachy v. Becerra, 259 Neb. 299, 304, 609 N.W.2d 648, 651-52 (2000), the Supreme Court was faced with the issue of "whether the personal representative's right to maintain an action on behalf of the estate to recover property wrongfully transferred by the decedent during her lifetime is exclusive, or whether an heir has a similar right which is coextensive with that of the personal representative." The court ultimately dismissed the appeal for mootness without deciding the question above. The Beachy court cited general authority that: "where the executor or administrator has been guilty of fraud of collusion with the party to be sued, or, more generally, where the interests of the personal representative are antagonistic to those of the heirs or distributees, the heirs or distributees may maintain actions relating to the personalty of the estate in their own names. Similarly, when the legal representative has failed or refused to act, the heir may maintain an action to recover assets for the benefit of the estate."