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  1. #1
    DaisyMc Guest

    Penalties by Executor

    What is the name of your state?Virginia The executor, my brother, of my mom's estate continued to accept social security and pension checks for four months after my mom's death. Then he applied to the probate court to be the executor. He paid back the money to social security and pension dept out of mom's estate. He said he also incurred penalties. On the inventory he shows that he paid back the money, but there is a $2,900 payback fee to the Treasury Dept. I assume these are the penalties? Are these penalties supposed to be paid out of the estate or charged to the executor himself for mishandling the estate?
  2. #2
    Seanscott is offline Member
    Join Date
    Feb 2002
    Location
    Indiana
    Posts
    725
    If your brother took these checks and cashed them for his own use, he is the one to pay back the money & the penalties.

    Sometimes the state moves very slowly. If he put the checks into the estate account, and left them there untouched, then the estate has to return the money.
  3. #3
    DaisyMc Guest
    My brother, executor, had a joint account with my mother. When she died, he continued to use this account. All of her social security and fed. govt. checks were direct deposited into this joint account. He used it to pay her bills, etc. Four months after her death, I wrote and asked if he had probated her will and qualified as executor. Then he got made and decided to get an attorney and then went to probate.He told me that he paid back the money but that he received penalties. I can't find the penalties on the final accountings and wonder if the estate was charged these penalties. I doubt that the payback to the Treasury were these penalties, as I originally thought. Wasn't he supposed to have an estate account not the joint account he had with her before her death? He also said she died with no personal belongings....he said she gave everything away before she died, which I know is not the case. He can't find a $12,000 ring and now is charging it to me in the final accounting, when I wasn't even up there for 3 months before she died. I asked for a hearing and am told I should get an attorney.

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