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Should I accept Executor Duties?

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leen1988

Junior Member
What is the name of your state?
What is the name of your state? Ohio
My father died in a house fire almost 2 years ago, leaving his house to his four children equally. One of my sisters was named as executor and spent all but approx $4000 of the estate's money. The house is fire damaged and needs extensive work to repair and update it for sale. We are currently involved in Housing Court because the house is not up to code and the court suggested selling the home to a buyer that Housing Court will need to approve of. My sister was finally removed as executor when her receipts showed in excess of $211,000 in checks written out to cash, which her and my brother split and did not use to repair the house. I am now the only one of four permitted to take over as executor but I'm not sure if I should or not. I have received nothing from the estate and don't want to spend money of my own to run it. I would have to try to sell the house worth $14,000 which has a claim of $15,000 by the Veterans Admin. against it, and all four of us would have to agree to the sale. Would I be incurring a great deal of legal responsiblities that could result in any claims against my own personal property? Should I just refuse the duty? I was told that if I don't accept, then the case would remain open because no lawyer would accept it and no legal actions could be taken against the two siblings who absconded the funds. The two of them own no property and I was told that they are considered uncollectible. The Probate Court ordered my sister to pay the money back, but she won't and no court legal actions have been taken against her. Shouldn't the Probate Court file legal action against my sister for her theft?:confused:
Thank you!What is the name of your state?
 


Dandy Don

Senior Member
The Probate Court hasn't been harmed by your sister's actions, but YOU sure have been. That is why YOU will need to consult with an attorney to find out what charges to bring against her--breach of fiduciary duty, theft, whatever fits the facts.

No harm in you becoming executor--but do you have the time to take off from your job to do it?

Was there a will probated and what bequests did it leave for the beneficiaries? So what if they don't have the money now--if they work, they will have to suffer their wages being garnisheed until they pay the money back after you win your lawsuit.

Did the will specifically exempt the requirement of an executor's bond being posted for this estate?

You also need to ask her if she filed state and/or federal tax returns for the estate or decedent, IF they were required, (perhaps depending on the total value of the estate), and ask for copies if she did file them.

DANDY DON IN OKLAHOMA ([email protected])
 

leen1988

Junior Member
Sorry, more questions!

Thank You for your input Dandy Don!:)
I work two jobs and have Wednesdays off but other than that, I would have to take time off of work and I do not want to do that at all. Not to mention, I have no desire to spend my own time or money to fix the house. IF I can find a buyer for the fire damaged house, I will still need my 3 siblings to sign off on the sale and who knows if they will or not?
A will was probated and everything was just left to the four of as : "share and share alike" with no bond requirement, so of course my sister did not get one. Due to the size of the estate, no estate taxes are required.
My other sister thinks that we can go after the estate attorney for negligence since he didn't remover the executor and the cashed checks came back to his office. She also claims that if the Probate Court has to assign us an executor, then we will all be charged for the lawyer from our own assets. Is there any truth to that? Is it possible that if no court lawyer will be executor then the case will stay open or does a court issued person have to do the executor duties?
My brother has a roofing company and doesnt even file taxes, so I couldn't garnish his wages. My sister the former executor hasn't worked in over 3 years because her husband supports her and she can't pass a drug screen anyhow(she failed to get a job at Target for that reason) so I wouldn't be able to garnish her nonexistent wages. She and her husband have a prenup, so their house is solely in his name and not hers. I could spend a ton of money to prosecute yet get nothing out of it. I want justice, but fear that I will spend time and money to no avail. Any input on what you would do?
 

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