0
How do i go about filing legal lawsuit against the executor and her attorney her attorney was also the asst probated judge in the courtroom where i she filed will and i did not knnow and she has stol?
Wiki User
∙ 8y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
Can an executor appoint an attorney in fact?
An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.
Can an executor take money from bank accounts of the dead person before the will is probated?
Only if taken with power of attorney prior to death or as a joint owner of the account (and surviving owner after death). Otherwise, the bank transaction is void as against the estate and the bank should be notified to collect the misappropriated funds from the person prematurely claiming powers that can only be appointed in probate court.
What happens if a will is not turned over to executor?
It is against the law to withhold a decedent's Will from being probated. If you suspect someone of doing so you should visit the local probate court and ask the clerk how to file a motion to compel that person to produce the Will.
Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
What is a criminal justice lawyer called?
If you refering to what is the term for a person who is trying the state's case against the defendant, they are called the Prosecutor.Added: His opposite number in the courtroom, would be the Defense Attorney.
Are the use of jury consultants against the rules of the courtroom?
No it is not against the rules.
Your sister is the executor of your fathers will he put her name on his accounts so it did not go through probate she was to split it 4 ways but decide not to because she claims survivorship what can?
It is not uncommon for a parent to place a child's name on a joint account for purposes of convenience only. The courts are well aware of that fact. Therefore, the balance of a joint bank account does not always go to the survivor on the account. However, those accounts should be listed in the probate inventory if the will is probated. If the will has not been probated then your sister is not the duly appointed executor and she has converted your father's money to her own use. That is not legal. Unfortunately you will need to bring an action in a court of equity against your sister. If there is a considerable amount of money involved you should begin asap before the money is gone. You need to seek the advice of an attorney. Perhaps a demand letter from an attorney, threatening a lawsuit, will encourage her to change her mind and share the money with her siblings.
If a will wasn't probated and jewels were transferred to other family members is there a recourse?
Yes. If the deceased had a will but it was not filed for probate, then no one was named the legal Executor, and the state steps in and takes over. Report the matter to the court and/or file suit against the party who tooke the jewelry.
What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.
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.
What recourse do benefiers have if the executor does not distribute the funds?
File a lawsuit against the executor for not following the law.
