Executor spending estate funds

[pandorasbox_318]

What is the name of your state? Louisiana

My father died leaving a will naming all three siblings to "share and share alike". One sibling was also named executor and was also added, prior to his death, to his checking account. The estate consisted of his checking account and his home. The executor has been to an attorney about the succession recently and we, the remaining two siblings has just discovered that the executor has spent all the money in the checking account. Is this legal? What can be done?

 

[Texas Pooh]

How was the checking account titled? If may have passed outside the probate estate, directly to the sibling.

 

[pandorasbox_318]

More

It was MR. or Siblings name. She was also put on the account by my father to pay for his after death expenses only. This was not stated in the will but was verbally witnessed by all three siblings.

 

[Zigner]

It was MR. or Siblings name. She was also put on the account by my father to pay for his after death expenses only. This was not stated in the will but was verbally witnessed by all three siblings.

That was the WRONG way to pay for after-death expenses. It sounds like your sibling did nothing (legally) wrong.

 

[Dandy Don]

What an unfortunate, ignorant mistake, but it happens frequently. Even though you won't get any money from the checking account, if the estate is probated you may get a share of the home and the heirs can possibly force a sale if they so choose.

Verbally witnessing anything has no legal standing or authority and is worthless.