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They can do so if they wish. But it would be a breach of their fiduciary duty and their duty to the court. It could result in criminal charges.
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∙ 9y ago
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What recourse do benefiers have if the executor does not distribute the funds?
File a lawsuit against the executor for not following the law.
Can executor be prosecuted for embezzlement of estate funds?
Yes.
What is the legal action against a executor who can't provide answer for missing funds from a estate?
The most common charge would be fraud. Another is breach of fiduciary duties. The court can request a full accounting from the executor.
Can you collect money from your dead fathers unclaimed funds if your step mother was the estate representative and she has since remarried?
It would depend on the laws of the specific jurisdiction and the specific circumstances of the situation. Generally, heirs or beneficiaries may have a claim to unclaimed funds, but it is best to consult with a lawyer or probate court to determine your rights in this situation.
Can a executor withhold funds from beneficiary who has dementia. I have power of attorney and the executor is giving me a hard time about releasing the money to my mother?
Yes, an executor can withhold such funds, but they should be placed in trust for the benefit of the demented, perhaps under various spendthrift conditions or whatever is deemed necessary for protection of the gift. Whether the executor names you as trustee is his or her choice, but you will still have the powers of the POA once the trustees release the funds to you.
Can an executor use estate funds to buy anything they desire?
Of course not.
When does the executor distribute funds from a probated will?
The executor of a probated will should distribute the proceeds of the will after it is settled in probate court. Some states have laws in place that state a certain time limit for the funds to be issued to heirs.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
Is a executor liable for any bills?
The executor is not personally liable. They are required to use the estate funds to resolve bills.
Are you an executor to a will for ever?
Depends on the case. In the irrevocable trust or a trust after the person dies neither are revocable. If the executor doesnt act properly they can be removed by a judge. Once all of the funds are giving out of the will there is no longer a executor.
Are executor expenses tax deductible?
they are not a deductable amount. You can claim expenses as an executor against the estate funds. However, if you do claim executor expenses against the amount of the estate they are taxed as income for the person claiming them.
Can an executor access stock funds to cover funeral expenses?
The stock funds would be a part of the estate. They can be sold to cover estate debts.
