• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please reply: reguarding executor trouble

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

duckquest

Guest
Executor trouble
ohio
Please help...I never received an answer to the following problem:

In a nut shell...a friend died in an accident. He had 3 children in their 20's. He lists his brother in his will as the executor. There are certain pieces of property that the executor has taken possesion of: one is an expensive radar detector and a brand new $500 cd car stereo and speakers. Can he do this? His daughter wants these and he acts like he's allowed to keep them. Also a bigger problem is that this friend that died bought a used pickup truck about a month before he died and I was with him when he did this. I know for a fact that he paid over $6000 for this truck. One of his children wanted this truck but the "executor brother" took the truck and put the insurance in his name and is paying for the insurance out of the deceased estate money. He is driving this truck for personal reasons to and from work and daily to just about everywhere he goes. The children are concerned that he is devaluing this truck and they have seen it and say he has scratched it up and added lots of miles. Is he allowed as the executor to do this? Can they or should they take some kind of action to get these items back and stop him from using the truck for personal transport? He intimidates the children whenever they discuss these kind of things with him. I was very close to the deceased and very close to the children and am concerned for their interests. I hope someone can help me find these answers. I find it very hard to believe an executor has these kind of rights.


__________________
Concerned Friend
 


ALawyer

Senior Member
The executor owes a fiduciary duty to the benficiaries of the estate. He has NO right to any of the assets of the deceased -- but would have a right to executor's commissions -- unless he was a named beneficiary, which I doubt.

A letter should go to him calling attention to this fact, probably from a lawyer the kids retain to protect their interests. That will stop the bad stuff 90 out of 100 times
 
D

duckquest

Guest
Re: Executor trouble

Thank you for your reply. This is not only the answer I was hoping for but felt should be the case.

I have suggested they get themselves a lawyer to protect their interests and they are at least now seriously considering this. As before I feel they were afraid to do this thinking he had more rights than he actually did now they may feel confident to follow through. Thanks again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top