? about executor of will

[CaseyV91]

What is the name of your state (only U.S. law)? Tennessee

The will was to be divided equally among the beneficiaries. The coexecutor of a will has been living rent-free in the recently deceased's home. Can he be reimbursed for utilites, cable, mortgage payment and such from the estate since he was using the house as his primary residence? What should one do if he has been using the estate to pay bills already? He has also made changes to the home, and has already gotten rid of furniture without offering it to beneficiaries, and he moved the rest of their stuff to storage when he moved in; can he also be reimbursed for the storage fee? Now that the relative is deceased, is he entitled to live their rent-free, and can he legally sell the house and vehicle to himself? There is also reason to believe he is being dishonest about the assets. He has stated that their accounts have no money and the safety deposit box had nonvaluable stuff in it, like important papers, how can we find out about assets and see if he has stolen, and what actions can we take against him?

 

[justalayman]

given your questions the best one could advise you is to obtain an attorney who can determine your rights and fight for them.


aside from that,

The will was to be divided equally among the beneficiaries

.were there any specific gifts or was the entire estate as a whole to be divided equally?

The coexecutor of a will has been living rent-free in the recently deceased's home.

was he living in the home prior to the death of the testator? If so did he pay rent at that time?

Can he be reimbursed for utilites, cable, mortgage payment and such from the estate since he was using the house as his primary residence?

generally, no. The money spent for the benefit of the estate can generally be sought to be repaid from the estate but you are speaking of non-essential expenses. The one exception would be if the tenants lease required the landlord (now the estate) to pay for those expenses.

What should one do if he has been using the estate to pay bills already?

First, inquire with both of the co-executors as to why it is happening. Then, if you believe the expenditures are improper, file an objection with the probate court.

He has also made changes to the home,

depends what the changes are. If changes made in preparation of selling the home, they may be allowable expenses.

and has already gotten rid of furniture without offering it to beneficiaries,

unless the will specified any particular item be given to any particular heir but rather the value of the estate be divided equally, there is no requirement to offer any assets to anybody. The entire estate can be liquidated and the money divided.

and he moved the rest of their stuff to storage when he moved in;

can he also be reimbursed for the storage fee?

most likely; no

Now that the relative is deceased, is he entitled to live their rent-free,

generally, no.

and can he legally sell the house and vehicle to himself?

again, depends on what the will states. He may be able to do so but if he does, he is legally obligated to paying fair market value for both items.

There is also reason to believe he is being dishonest about the assets

.ok but without some fairly solid proof, all you have is speculation so, what proof do you have?

He has stated that their accounts have no money and the safety deposit box had nonvaluable stuff in it, like important papers, how can we find out about assets and see if he has stolen, and what actions can we take against him?

it is very difficult to prove an executor may have stolen items such as cash unless somebody can attest to the presence of it after the death of the testator and it simply dissappeared once the executor got involved.

so, what has the co-executor had to say about all of this?

 

[anteater]

The coexecutor of a will...

Has probate been opened and have the co-executors actually been appointed by a court?