Executor wants inheritance back!

What is the name of your state? New York
A friend left me $3000 and I have received a letter from her executor saying that the county social services dept. has told him to return all disbursed monies because they are owed to social services. He wrote "I am told that since there was no probate of the will, I was not a duly appointed official- even though named executor in the will". I received the money from the executor in the form of a personal check written by him on his personal account and deposited it in my personal account. I feel like writing him back and telling him that even if I still had the money, (which I do not) I would not be inclined to write him a check for 3000 of my dollars. If I were wealthy, I would send him a check....no problem. But this is not the case. I have not contacted him since receiving the letter a few days ago. What is going on? What I really want to know is- what are they going to do....sue me? Take my car or what?

Sounds like the whole process was botched. The estate needs to be filed in the probate court, the personal rep, or executor so appointed BY THE COURT, and sufficient time for all claims by creditors to be filed. After all the proper steps are taken THEN the remaining estate assets can be disbursed. If he was not named by the court, and did not give creditors the time to make their claims, then the funds were not handled properly. REgardless of what the will stated.

Ask the executor how much money social services claims they are owed and if there are other assets in the estate. Yes, the executor did not become official executor until the will was filed for probate and he erred here, probably out of not understanding how the probate process works.

Yes you will have to repay the money and they will sue you for it. However do not make immediate repayment--wait until after the executor has filed the will and the creditors have made their claims so you can get a better understanding of the value of the estate and see if there is any money left over after creditors are paid. If there is money left over, you might possibly be able to inherit something and you may have to pay back less than you think. Ask executor for a copy of the will (or if you don't want to ask him, get a copy from the county courthouse) to see exactly what it states and whether there are other beneficiaries.

DANDY DON IN OKLAHOMA ([email protected])