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Mismanagement by Executrix

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yellow rose

Junior Member
What is the name of your state? Texas
My former husband died in December 2005 and I was one of seven heirs. One of those heirs was named executrix. There has been a lot of mismanagement of the estate but the most blatant has been the cost to the estate of over $50,000 relating to cats. Yes, cats. The executrix is a feral cat rescuer and the deceased left all the feral cats on his property to her in his will and did not leave anything in his will for their care, boarding, etc. She has spent the $50,000 + on food, veterinary care and many thousands converting her garage to a cattery. Didn't the cats become her property immediately after his death and therefore her financial responsibility? Three of us would like to take her to court but can't afford an attorney; is it possible to get an attorney to take the case on contingency in a situation like this? P.S. We also can't get her to turn over any receipts.What is the name of your state?
 


ouch

OP may be able to hire an attorney on contingency, but it is unlikley. A attorney works on contingency when there is a potential for the recovery of money. In this situation, the hiers would have to sue the exectutrix/cat lover for damages to the estate; if they win, then they have to find assets of the executrix to sell to fund the damages. The attorney would then get a percentage of that recovery. However, it sounds like there isn't much to recover from the executrix, which makes the case unattractive to your average attorney.

Unless ... is the executrix also an hier? Do any assets remain in the estate, or have they all been spent on the cats? If both questions are yes, there is a potential that the remaining heirs can claim that the executrix has already received her share of the estate, and deduct it from the remaining assets.
 

Dandy Don

Senior Member
It's difficult to know what the actual situation is since we don't have all of the facts, but if there was no provision in the will to use monies to care for these cats, she may be spending estate assets inappropriately. At least consult with a probate attorney to find out if you can bring this matter to the attention of the probate court now, while probate is ongoing, to address the solution now (have her repay the money to the estate if she was not authorized to spend it this way) or perhaps even being reprimanded or removed as executrix if her offense is serious enough. No doubt there is other mismanagement going on, and you also need to inquire if it would be possible to request that an executors bond be purchased to protect the financial interest of the beneficiaries unless the will specifically exempts that requirement. What is the total value of the estate?

DANDY DON IN OKLAHOMA ([email protected])
 

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