These are only some of the things an Executrix can do:
Borrow off the amount in the Will that is solely left to them. They must provide the bank a copy of that Will before loaning any money. This means you get part of or all of the money due you sooner, but you must sign over your rights of that portion of your inheritance to in the Will to the banking institution.
Paying off gas/electricity bills, etc. Any outstanding medical fees can be paid off by the Executrix in this case.
An Executrix/Executor must provide receipts for every cent they spend and be accountable to the the Heirs in that Will.
I suggest your get yourself a lawyer and have him take care of this if you fear she may be spending too much money and not being accountable for this. You can also go to the lawyer that is holding your parent's Will and be sure you have proof your sister isn't spending money on needless things and thus, have her taken off the Will as Executrix. This Will then can be dealt with solely by the lawyer or by a Trust Company. Be sure you know what your fees are up front with either of these methods.
She fulfills the duties of the executor. There is no issue with being executor of more than one estate at a time.
Ask your attorney to sue her.
It would be safe to assume that the wife is entitled to the entire estate. As long as she is not shorting debtors, she can spend some of the estate's money, as long as she is keeping good records.
It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.
Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.
Only the executor can do that. They will have a letter of authorization from the probate court. They will provide a complete accounting to the court for the estate and what was spent.
Not nearly enough info to answer question. Did your sister deplete your mother's estate prior to your mother's death? Did she have "power of attorney" to do so? Was your sister named as the Executor of the estate? For what did she spend the money and under what circumstances? (e.g.: Executors have broad discretion to disburse the estate of the deceased to pay all the outstanding bills and debts of the deceased.) Was the will probated through the court system? If a sufficient amount of inheritance is involved and/or you have questions about your sister's handling of the estate, you probably should consult with an attorney skilled in the area of probate law.
The money belongs to her estate. The executor of the estate will distribute it according to the will.
They have no control over things that happened before death. They may be able to bring some of it back into the estate.
The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.
The executor of the estate can request a full accounting. That would make sure that no gifts were given during the last two years.
I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unlawfully to the detriment of the estate or otherwise not fulfilling his/her duties. Mere animosity between an executor and beneficiaries without proof of some substantial wrongdoing will not serve as grounds for the court to order a removal. These lawsuits should not be filed unless there is serious wrongdoing because with legal fees for both sides a lot of the estate can be spent in the litigation. Besides, courts offer beneficiaries other remedies for problems, such as forcing an executor to make an accounting. Most Courts consider removal of executors a drastic measure.
Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.