0
Since an Estate is already under the jurisdiction of a Court and a Judge, the Judge handles any malfeasance, e.g. wrongdoing. An executor (male) or executrix (female) has been empowered by the Court to take a narrowly defined set of actions on behalf of the Estate and the deceased. If the executor or executrix steps outside those boundaries, in particular the misuse of money belonging to the Estate, the Judge can strip the person of the executor or executrix title, appoint a non-family person (an independent person) to oversee the Estate, and can fine the executor or executrix or impose Contempt of Court against the person. Contempt of Court can result in serious, heft fines or jail until the fine is paid, or the Judge changes his/her mind. In other words, yes it is a crime. But because the executor or executrix is working on behalf of The Court and its Judge, the police do not need to do anything--the Judge has full legal right and duty to act. The executor or executrix will be ordered to return any monies to the Estate.
It should be noted, the executor or executrix is "paid" a Court approved amount for the duties they perform. This can be removed from Estate monies, but must be accounted for in the Administration papers they file with the Court. This accounting must be accurate for every dollar and cent spent to pay creditors or to the executor or executrix. IF a family member believes or has evidence of wrongdoing, they can bring a motion in front of that Court / Judge to review the matter. Any family member can make a legal motion, preferably through an attorney, during the process.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoWell, I will take your question of "spent" to mean they spent the funds illegally. An executor can spend funds if they are reasonable and they are required to administer the estate. However, if the Executor spends the funds personally, without due cause, then they can be held liable. Further, they may be subject to criminal prosecution. I would ask for an entire accounting of the estate before jumping to any conclusions. If you still have concerns, you can sue the executor in court to provide a full accounting, and you may wish to contact your police department.
Wiki User
∙ 12y agoYes, if it is to the benefit of the estate, for instance such thing as maintaining the estate, utilities for property, property taxes, etc.
Wiki User
∙ 13y agoYes. Many, many wills leave the entire estate to a single person, who is both the executor, and the sole beneficiary.
Wiki User
∙ 9y agoThey could be charged with embezzlement. And they would have to pay it back if convicted.
Wiki User
∙ 9y agoIt could be fraud. Theft would be another possibility. The other, and most common is breach of fiduciary duty to the estate.
Wiki User
∙ 8y agoThey are committing fraud. They can be prosecuted for a crime.
Wiki User
∙ 12y agoOnly if the debts exceed the assets.
Add your answer:
Earn +20 pts
Can a person out of jail on bond be an executor of an estate?
yes
How much jail time can you get for filing a for probate and not be a heir?
As long as you do not lie on the applications, you can apply to be executor of an estate, even if you are not the heir. However, you are not entitled to any of the estate, only the executor fees. And you have to account for all the assets and turn them over to the appropriate people as directed by the will or the law. And if you don't do it properly, you can be charged.
Can a beneficiaries change locks on the property with out notifying the executor?
The executor can certainly protect the estate from unauthorized access. Changing the locks is one way of insuring that family members don't spirit out things, cause ill feelings and make it difficult.
What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
How long can Texas keep me in jail for a California misdemeanor?
I doubt that Texas is spending their tax money to keep you in jail for a California misdemeanor. What's more likely is that you've been charged with a Texas offense -OR- you are being held for extradition at California's request.
Is charlies Manson dead?
no ___ He is still in jail in California
Can you go to jail for not turning over all items in a probate?
It is possible to go to jail. It is crime to commit fraud against an estate.
What is a 4 letter word for prison?
'Nick' is another word for Prison [UK] Jail is a word for spending more than a year in police custody. Prison is a word for spending less than a year in police custody. So jail could be another word for prison, although it is not exactly prison.
Can you file taxes on money you spent in jail?
Money that you spend in jail would not be reported on your income tax return.
How do you put money on an account for an inmate at grayson county jail?
how do you put money on an inmate account at grayson county jail.
What can you get for stealing money can you do time or jail time?
it depends... how much money
Do people who cyberbully on Wikianswers go to jail?
It's certainly possible - everything you do on the internet can be traced back to your computer. If the crime is severe enough - spending time in jail is very likely !
