executor/benificiary helping himself!

[sajoc52]

What is the name of your state? FL and CO

What can you do when the executor/beneficiary (VA) has taken personal property from the deceased's home before hiring an auctioner to sell all contents, distributed jewelry etc. to his own family members (avoiding the proper distribution as outlined in the will to the other benificiares), co-mingled personal and estate funds, sold real estate outside the perameters of the specifics of the will and communicates to siblings through an attorney? Plus, we never got a copy of the will until we demanded it before we co-signed for the sale of real estate. (1 year after our Mom passed)

He took money from a trust, distributed to his siblings and now is claiming the need to get our share of the tax money mailed directly to him so he can settle his 2004 taxes now. We were distributed back in April of 2004.

My sister and I don't want to have to sue our own brother, but he has decided he didn't want or need our input at all since he was appointed executor.

What can be legally done at this point to "force" the facts out and see a complete execution of the will as my Mom had written??

 

[BlondiePB]

What can be legally done at this point to "force" the facts out and see a complete execution of the will as my Mom had written??

You and your sister need to hire a probate attorney that also does trust law in the county where probate is happening. Have brother either removed or post bond.

 

[Dandy Don]

Even though it was probably an innocent mistake, brother has proven his incompetence by not consulting with a tax accountant or CPA before making the trust distribution. Yes, he does have the right to ask beneficiaries to refund part of the money they received to pay taxes if this is for TRUST taxes and not the trustee's personal income tax. What a doozy of a mistake!!

Unless you have an inventory of the jewelry or can get a signed statement from anyone who received the jewelry, there is not much you can do about the property he has distributed, because it would be your word against his in court.

It's a good thing that he is auctioning the items off if he uses the money to put into an estate account.

He doesn't need your input--he has the authority as executor to make decisions, but it would be nice if he considered your ideas/opinions.

DANDY DON IN OKLAHOMA ([email protected])

 

[sajoc52]

So, what is the best way to proceed??

Even though it was probably an innocent mistake, brother has proven his incompetence by not consulting with a tax accountant or CPA before making the trust distribution. Yes, he does have the right to ask beneficiaries to refund part of the money they received to pay taxes if this is for TRUST taxes and not the trustee's personal income tax. What a doozy of a mistake!!

Unless you have an inventory of the jewelry or can get a signed statement from anyone who received the jewelry, there is not much you can do about the property he has distributed, because it would be your word against his in court.

It's a good thing that he is auctioning the items off if he uses the money to put into an estate account.

He doesn't need your input--he has the authority as executor to make decisions, but it would be nice if he considered your ideas/opinions.

DANDY DON IN OKLAHOMA ([email protected])

We will NEVER be able to ask the wife and stepchildren for the furniture and dishes and MOST valuable things that they took from our mother's home BEFORE any auction people were even allowed to enter! They took jewelry (many expensive peices) and handed the booty out to immediate family, NOT benificiaries. NOT people in the will! He is there and we are hundreds of miles away! He has been dishonest and secretive from the beginning. We never got a copy of the will until we demanded one a year after Mom passed away.

My sister has a "mental inventory" of the personal effects our Mom had along with our Grandmother's things, but it's ALL been given away already. Can the law do nothing to make him accountable? Can he fill his house up with thousands of dollars that was to be divided 3 ways equally according to the will and we can do nothing??????

Do we have to hire an attorney and sue him or is there a better way?? I don't want him coming after my sister and I for tax money we shouldn't even have to pay!

Thanks to the two people who have written responses thus far!!

 

[BlondiePB]

We will NEVER be able to ask the wife and stepchildren for the furniture and dishes and MOST valuable things that they took from our mother's home BEFORE any auction people were even allowed to enter! They took jewelry (many expensive peices) and handed the booty out to immediate family, NOT benificiaries. NOT people in the will! He is there and we are hundreds of miles away! He has been dishonest and secretive from the beginning. We never got a copy of the will until we demanded one a year after Mom passed away.

My sister has a "mental inventory" of the personal effects our Mom had along with our Grandmother's things, but it's ALL been given away already. Can the law do nothing to make him accountable? Can he fill his house up with thousands of dollars that was to be divided 3 ways equally according to the will and we can do nothing??????

Do we have to hire an attorney and sue him or is there a better way?? I don't want him coming after my sister and I for tax money we shouldn't even have to pay!

Thanks to the two people who have written responses thus far!!

Some of the estate property will never be recovered. You need an attorney in the county where probate is occurring. The trustee can be made to account for the property in the trust if you are a beneficiary. If you know the name of the auction place, there will be records of the property auctioned and/or the amount paid to the executor/trustee.