By "fiduciary responsibilities", I just meant that, as the executrix, I needed to be accountable for all monies that made up the estate. You are right, all I can do is report to the probate court that he has misspent these monies. The entire estate was left in trust to her 2 kids (I am also trustee of the trusts), so there is no shortage of money, at this time.
The ex-husband, as guardian, receives the kids monthly social security checks ($3,000/month total). Unless I take over guardianship, I don't think there is anything I can do about this, but I will contact an attorney and find out. He received $20,000 in disability survivor benefits, again because he is their guardian, one month after my sister's death. He had control over their college fund, valued at $40,000, 4 months prior to my sister's death. It's apparently all gone.
I assure you, there is no way I will allow this man to get his hands on any remaining money in the estate. I plan to have a promissory note drawn up for the $70,000+ he has spent on himself. In the best interest of the kids, I will probably not go to the D.A.
The kid's trusts state that 1/3 of the funds be distrubted at 25, 30 and 35 years of age. My main concern is their well being, and, of course, I will pay for their college out of their trusts, if I have to.
To complicate things, I just found out my 15 year old niece is 2 months pregnant AND the ex-husband stopped paying the premiums on the kids health insurance shortly after my sister's death 5 months ago! Now, I have the delima of who is responsible for medical expenses, the ex-husband or the trust? My niece is soooo excited about having a baby to take care, i.e. an abortion or adoption are out of the question. No one has approached me for money, yet. I'm not sure what my responsibilities are. Any ideas?