Executor spending estate funds for personal use

[mdavis1211]

What is the name of your state? Tennessee.

My brother is the executor of my mother's estate. Since before her death, he was living with her in her home and has continued to do so after her death. The house was left to the 3 children. Prior to receiving his court letters, he has continued to pay the utilities out of her checking account. He has also made cash withdrawals and reimbursed himself for time off from work (to deal with estate business). Since he is living in this home alone, shouldn't he have changed the utilities over into his own name, or at least paid for them with his personal funds? Up to this point, I have been able to monitor her bank account due to the fact that I am a co-signer on the account and did her banking reconciliation for her online. Now that the estate checking account is open, I will have no access to this. What is to stop my brother from continuing to spend down the estate on utilities which only he benefits from and from continuing the cash withdrawals? Can we legally compel him to stop?

 

[lwpat]

Unfortunately you allowed him to take control of the assets. You can expect him to continue as he has in the past and to delay probate as long as possible. You need to take a very hard line now if you ever expect to receive any portion of the estate. Insist that he either purchase the house or place it on the market. You can demand that he repay the funds from the proceeds. You should have asked the court to make you co-executors.

 

[Dandy Don]

Nitpicking about the utilities expense is a waste of time, although what he is doing is improper, but there must be a certain amount of time allowed for him to live in the house while probate is going on.

Of greater concern are his withdrawals and reimbursements (if they were taken after the death occurred). Consult a local lawyer or the estate attorney to find out exactly when and how you need to bring this matter to the attention of the probate judge. You may even want to discuss it with the executor in advance of going to court in order to avoid embarrassing him about this in court and ask him to repay the estate.

You haven't mentioned whether he put the balance of the checking account money into the estate account or not.

DANDY DON IN OKLAHOMA ([email protected])