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removal of executor/mismanagement

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dacs2006

Guest
What is the name of your state? TEXAS
The executor, has so mismanaged my mothers estate. He is still listed as the independent successor and the final settlement agreement that was signed by myself, and my 2 brothers ; whom have 6 years ago recieved all assets willed to them, have no longer any concern re: closing the estate.

I have numerous assets that I never recieved and after firing my attorney of 6 years, have recently become aware , no closing of the will has been filed. The final settlement agreement has never been filed in the courthouse. The worse part a lein note value at that time was approx 154,000.00, I signed over to the executor and my two brothers to hold as a guarantee taxes be paid and to be returned to me after my portion of taxes were paid, and they were in 1996. However, the executor, who was the trustee for RG and my two brothers (taxpayment guarantee trust) has never returned the money... All these agreement are in the final settlement agreement a copy I thank God I still have..

I have filed a single claim form recently with the texas comptrollers office for NUMEROUS unclaimed assests all which were willed specifically to me in my mothers will and never either located or distributed.

How am I to claim this legally when the estate closing has never been filed nor the settlement agreement . Executor is so NOT available nor his attorney...

All of my assest are depleated from searching for these missing assets ...I am so tired and emotionally EXHAUSTED... No one seems to care..

How can I get the unclaimed assets without him taking that from me too.. HELP
 


Dandy Don

Senior Member
Get ANOTHER attorney to file a motion to get this estate closed, or file a complaint with the Texas State Bar Association to get this executor to finish closing this estate or face penalties. The closing is so important that you really do need the opinion of a local probate attorney as to how this can best be accomplished.

The money you get from the Texas State Department of Unclaimed Property will be yours free and clear and there would not seem to be any justifiable reason why you would need to be concerned about the estate trying to claim any of it. For what reason do you think this executor/trustee would try to claim this money from you? Under normal circumstances there is no reason he would even know about it and you need to try to keep it as confidential as possible.

You also need to look at the original trust document (request a copy if you don't already have one--you are entitled to receive a copy as a beneficiary) to see under what conditions a trustee can be removed. There is usually a clause in there about a trustee being able to be removed for breach of duty, but I'm not exactly clear on the concept of why you want to be repaid for taxes.

DANDY DON
 
D

dacs2006

Guest
Thankyou, so much....
I would love to file a grievance, however the executor is a cpa who had his own attorney and I had mine to represent me... Im not sure exactly what to do... ????


In anwer to your response and questions..


The other heirs insisted I put up something in case I did not have the money to pay the taxes, I closed on a house and paid the taxes, the lein note was to be returned to me after my portion of taxes were paid, I have never recieved this and to be honest I dont know if executor ever put them in a trust because right after that I paid taxes and IRS released her estate and the executor recieved many refunds for numerous overpayments and overpayment of taxes.
 
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