Final accounting-court on 5/13/08

What is the name of your state? PA

What happens if the executor can not come up with a final accounting? I have compelled a final accounting through court. meaning as a beneficiary I never received a family settlement agreement to sign (which i asked for about 1 year ago) from the estate attorney. (all the estate attorney would do is send me a letter stating i got what i got (which is a bedroom set) and tell me to stop asking for the meritless demands). what should I expect when I go to court on my request of compelling the accounting from the executor? Can I dispute anything? Will a judge give my brother more time to come up with bogus paperwork? does he have to come up with copies of bills and checks paid out? what will a judge do if brother used his personal checking account instead of opening an estate account? can a judge force him to give me my 50% i am entitled to? can he be removed as executor? can i also ask for POA accounting?

Can someone help me on this? i do not want to go to court on Tuesday and be blind sided on any issues. i would like to be prepared.

thank you

Can an executor ask for items back after they have given them to a beneficiary? situation is that executor has stolen over $60,000 from the estate by putting all monies into his own personal bank account. (he thinks we dont know) his case is that he is still paying on bills from mom's estate. mom had no bills! other beneficiary received furniture and he wants it back to sell (so he says) to recoup monies he paid out. court has given him 60 days to come up with an accounting of the estate. executor never included in assets life insurance proceeds (which i have copies of checks that were made payable to estate as well as stocks he cashed in) he deposited all monies in personal checking account and not an estate account making it look like he is paying out of his pocket for any expenses.

momm2500 said:

Can an executor ask for items back after they have given them to a beneficiary? situation is that executor has stolen over $60,000 from the estate by putting all monies into his own personal bank account. (he thinks we dont know) his case is that he is still paying on bills from mom's estate. mom had no bills! other beneficiary received furniture and he wants it back to sell (so he says) to recoup monies he paid out. court has given him 60 days to come up with an accounting of the estate. executor never included in assets life insurance proceeds (which i have copies of checks that were made payable to estate as well as stocks he cashed in) he deposited all monies in personal checking account and not an estate account making it look like he is paying out of his pocket for any expenses.

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This is a real mess, sounds like the money is already gone, why is the court waiting for sixty days? He is in alot of trouble if he stole this money from Estate. The court will know where the money went soon. Can't accuse any body, you have to wait and see what the court comes up with. Its not suppose to go in his personal account, a waiting game for sure, to see where money is.

a mess? that is mildly speaking. they originally tried to deny the petition stating that i was making bogus claims against them. well i finally got the proof (copies of front and back of life insurance checks, documents that show how much stock mom and dad had and the dates they were sold or cashed in). (but brother and estate attorney do not know i have this stuff) i have to have my attorney now supeona my parents bank records since his name was on their accounts. The judge does not know all of this yet.

will i ever get any of this money back? will i have to take him to court or put a lien on the house that was in the estate? (that had both mom and brother's name on the deed) but only his name was added 11 months before mom passed! but he now does own the family business and I know he has the money coming in. my husband and kids worked in that business when parents were alive. I know what the intake of money is!


what kind of trouble would he get into?

i think this is why they did not want to come up with the accounting since they were hiding everything. bad advice from estate attorney to do this!

more info coming in on this case

here is another good one to this case. (maybe i should write a book-lol) dad had a small business. apparently executor used the business account to pay some of the estate debts...meaning that mom and dad had a credit card and brother (executor) paid it out of the business checking account. can it be proved that it was a personal credit card or a business credit card? also all utility bills were paid from the business checking account too. (which could possibly be argued that the house expenses were considered a business write off? since the business is ran out of parents home but brother's name was on the deed with mom so would those utility bills be considered my brothers and not part of the estate?) and with life insurance checks made payable to the estate of jane doe and deposited into executors personal checking account and checks written for funeral expenses from that personal account. how does something like this look to the judge/court? that 2 different accounts were used. will this show that there was some shady stuff going on? could this result in some type of penalty to the executor? what about the estate attorney? he is aware of everything that went on.

momm2500 said:

here is another good one to this case. (maybe i should write a book-lol) dad had a small business. apparently executor used the business account to pay some of the estate debts...meaning that mom and dad had a credit card and brother (executor) paid it out of the business checking account. can it be proved that it was a personal credit card or a business credit card? also all utility bills were paid from the business checking account too. (which could possibly be argued that the house expenses were considered a business write off? since the business is ran out of parents home but brother's name was on the deed with mom so would those utility bills be considered my brothers and not part of the estate?) and with life insurance checks made payable to the estate of jane doe and deposited into executors personal checking account and checks written for funeral expenses from that personal account. how does something like this look to the judge/court? that 2 different accounts were used. will this show that there was some shady stuff going on? could this result in some type of penalty to the executor? what about the estate attorney? he is aware of everything that went on.

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I went through a big mess with my Estate also. I am so happy its over, worst time of my life for two years six months. Never again. I can only give advice, not a attorney. This will go on and on. It sounds as though the executor is going to have alot of explaining to the judge where this money is. Executor will most likely have penalties. I doubt the estate attorney is involved, he would lose his license to pratice law. You know the word embezzlement. No way this is going to be settle any time soon.

thank you very much. it is sad that your parents wishes were never followed thru on and greed had to take over. it is a shame since we were so close, but i truly believe sister in law is pulling the strings on this one. it is a power thing with her. the reason i did indicate the estate attorney since he is the one that told my brother to put everything in his personal account. he is best friends w/brother. he is not the original person who parents went to with their wills. brother brought him in after dad was sick. dad could not talk so we never knew what happened when we were not there. i do know that brother asked dad questions and video taped him but like i said dad could not talk due to a stroke. i dont wish anything on anyone but when you do this (disrespect my parents) and call my kids at least every 2 weeks and leave nasty voice mails on their phones about their mother it is uncalled for! he acts like a little child when he is over 42! imagine that!

i believe in carma and what goes around comes around and one day they will get their due!

momm2500 said:

thank you very much. it is sad that your parents wishes were never followed thru on and greed had to take over. it is a shame since we were so close, but i truly believe sister in law is pulling the strings on this one. it is a power thing with her. the reason i did indicate the estate attorney since he is the one that told my brother to put everything in his personal account. he is best friends w/brother. he is not the original person who parents went to with their wills. brother brought him in after dad was sick. dad could not talk so we never knew what happened when we were not there. i do know that brother asked dad questions and video taped him but like i said dad could not talk due to a stroke. i dont wish anything on anyone but when you do this (disrespect my parents) and call my kids at least every 2 weeks and leave nasty voice mails on their phones about their mother it is uncalled for! he acts like a little child when he is over 42! imagine that!

i believe in carma and what goes around comes around and one day they will get their due!

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I agree with you bad Karma will catch up to a person. I hope things will work out for you. Hang in there, been through alot with my own Estate, probate is a nightmare. It takes to long. There are a few people that come on here that I know could give you good legal advice. They will show up. They really know the legal system, keep checking back, they will have your answers for you.

thank you. will keep you informed on how everything goes

i figure i would just continue on this thread and not create another one. i have been reading some of the different threads of what other people are going through and it came up with my next question regarding my personal issue.

Brother's name went onto the deed of parents house when dad's name was taken off. 3/1/2006 is the date listed in the records that mom's name and brother's name are on the deed. mom dies on 2/1/07 so does the house fully go to him? the house is not mentioned in the will at all. would i be able to claim against the house? i checked as recent as today and it still has mom's name on the deed brother never took it off. there are only 2 beneficiaries, him (executor) and myself. can this be used as leverage against the executor, since he stole everything else? i hope i am not reaching here, but want to make sure that i have all my ducks in a row. of course, i still have to wait for the accounting, which they will not produce till July (per the judge). also, has an estate ever had witnessess come in to testify on what peoples intentions or wishes were?