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Executor trouble

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D

duckquest

Guest
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.
 
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L

lisas67firebird

Guest
Get a lawyer!!!!

I am still going through something similar to that. I don't know if I have a iffy lawyer or what. So far the only thing I have been able to do is take over as executor (after 2 attorneys and 1 year later). Nothing has been done to her for anything she has messed up regarding my mothers estate. According to my attorney nothing will be done to her. It is sad and tragic that the court systems allow this to go on.

Good Luck and try not to let it get to you too much (easier said than done).
 
P

ProResearch

Guest
The executor is liable to all who are in the Will and to anyone else who has legal claim. He must provide an accounting for all assets and debts.

If you find that te executor is "messing" up the estate, he can be held liable even after the estate has closed that he did not handle the affairs of the estate correctly. I believe you would have to sue the executor individually, not the estate.

Why are you not discussing this with your attorney? If the will is filed in probate, the court has to approve the accounting for the estate....even the final attorney's fee and executor fee. **If the children do not have an attorney to represent their interests, they should get one soon**

When my husband was executor for his father's estate, he was *warned* by the attorney that he could be sued by the siblings in the Will if he did not do things right. So he kept the siblings in the loop about things and opened a bank account in the Estate's name and paid bills through that account. He also got back refunds and other monies, and these in turn were deposited into the Estate's bank account. Thus the estate paid the estate's debts, and the estate received the estate's assets. They are not the executor's debts or assets. He is just supposed to manage them.

Once all that is said and done, that is when Distribution can begin to the named parties in the Will. And even that (distribution) needs to be filed with the court too.

For more info, see the following articles on THIS WEB SITE:

https://law.freeadvice.com/estate_planning/wills/
 

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