co executors not speaking

[confusedpeach]

What is the name of your state?What is the name of your state?GA
i am an heir to an estate that is in probate.There are 2 executors for this estate and for the last 4 months they have not been speaking to one another.One of the executors was listed on the deceased checking account for convenience purposes as stated in the will. This executor is now claiming all the monies in the account and savings account belong to her alone. She has refused to open an estate account and has changed the password on joint account preventing the other executor access to the account. The will specifically states any monies i might have including joint accounts with others (which i might do for convenience) after the payment of my debts, and the expenses of my interment and winding up of my estate be divided equally among the heirs. She claims these accounts belong to her and her alone. By her failure to open an estate account is she possibly committing embezzlement? Since the date of death, tax refund check, sale of car, and +$400 has been deposited into this account which she is claiming belongs to her. I am simply an heir not one of the executors but both are coming to me complaining about the other. The house has not been listed for almost 2 months now because one will not sign listing agreements. Any suggestions as to what i can do as an heir to move this process along? December will be the 2 yr anniversary of the decedent. Should the other heirs and i try to have both executors removed for failure to work prudently with one another? Thank you for any responses

 

[Dandy Don]

Decedent made a big mistake by naming someone as beneficiary (this is a common mistake)--yes, the money passes directly to the beneficiary and does not go through probate, no matter what the will says--the beneficiary designation takes priority by law.

Co-executor is not supposed to be commingling assets--yes, a separate account should have been set up for the money from the sale of car, the $400 and the tax refund check. The other co-executor should bring this matter up before the judge at the next probate hearing.

You do not have enough cause to get this co-executor removed from estate, and if you started actions to do this it would only delay probate further.

If the will designates who the heirs to the home are, then those heirs should discuss with the executors whether the home is to be sold or not. If heirs are selling the home, then the heirs can force the sale.

DANDY DON IN OKLAHOMA ([email protected])

 

[confusedpeach]

ty dandy don for your reply. Im not sure i understand what u mean when u stated that one of the executors was named as a benficiary. Grandmother added her name to the account years ago allowing for assistance with paying her bills. We are confused over the fact that the will states any joint accounts that may be in existence at the time of my death are to be divided equally among all heirs. I would also like to add that the husband of this executor purchased the car and wrote the check out to that executor personally and it was then deposited into the same joint account. In total over 8K dollars has been added to that account since her death. There was a specific life insurance policy named that was to pay for her final expenses that has also not been done, that policy was given to the respective heir without any consideration as to what the will states. The will states the house is to be sold as soon as possible. It was listed with 2 different agents for 16 months, now property just sitting there costing estate money because this executor will not agree to be with other executor and agents to get relisted. We do not feel that she is acting diligently and quiet frankly she is acting as if she is the only executor. There are a total of 6 heirs and one of the co-executors is milking the estate daily. She refuses, will not ever open an estate account. Frivilious letters have been written to the other executor making threats about certain personal matters which have nothing to do with the settling of the estate.. These letters are being written by her husband and the estate is paying her husband to write these letters. Just doesnt sound kosher to the rest of us heirs. I appreciate ur response and looking forward to ur additional comments if this helps clear up any concerns the remaining 5 heirs(including the co executor that knows nothing about what is going on. We are under the impression that co executor means u have to work together that one can not just take charge and keep the other in the dark. Needless to say, very few family members still speaking what ashame.
Thank you again
confusedpeach

 

[Dandy Don]

The word "Confused" certainly describes you perfectly. Your naivety is causing you to completely misunderstand the probate process.

The decedent should not have named a joint account owner for "purposes of convenience". She should have not named anyone--then the money would have gone into the estate. Since she named a beneficiary--I repeat--the money passes directly to the joint account owner under the concept of right of survivorship--and NO MATTER WHAT THE WILL SAYS, the beneficiary designation is what will happen.

If you or any of the other beneficiaries would attend any of the probate hearings in court, you could bring this matter up before the judge and get her misconduct corrected and the judge could inform her that she MUST set up a separate account for the estate.