Confront him. Otherwise, the only remedy is to take him to court. Before doing so, consider a few things. How important is the stuff he is stealing? Is it more important than your relationship with him? If he is a scumbag and you don't have a good relationship nor intend to, then it probably doesn't matter what you do. The reason I warn you is because I have seen many families torn apart over estates. * Executors are directly responsible for all assets and property belonging to the deceased, and are legally bound to account for such to the probate court. When the estate is probated and there are assets and property unaccounted for the court will take the action needed to investigate the possible mishandling of the estate or illegal actions by anyone. Family members and other beneficiaries may want an accounting, but it is guaranteed that creditors and the IRS will insist on a complete and accurate audit. Any proof of wrong doing will be addressed in accordance with the state's criminal and civil laws.
Legally only the executor can remove property from the estate. Anyone else could be considered to be stealing.
Call the police. It is theft, pure and simple. They may feel they are entitled, but if the executor and the court don't agree and approve, the individual is stealing from the estate.
If they are stealing from the estate, they are breaching their fiduciary duties and that is a crime. They could be arrested.
Larceny is stealing someone elses property, so your answer is stealing firearms
Technically it is theft. They are suppose to provide a complete inventory of the estate to the court with the valuation of all assets. If they are trying to avoid paying taxes on this, they can get into trouble.Another Perspective:Nothing in the question implies that the executor is stealing property or converting it to their own use. There are circumstances that would prompt the named executor to remove property for safe keeping while the executor is awaiting appointment by the probate court. An estate may be at risk during the period immediately following the death of the testator and before the court has allowed the Will and appointed the executor. Property removed for security purposes will simply be added to the inventory.For example, if the testator lived alone the executor may need to remove valuable property (such as cash or jewelry) from the premises to prevent theft, especially if others have access to the property. Greed often emboldens heirs to help themselves to estate property and the executor has the added duty of securing that property until the probate process is under way. The very act of submitting the Will for probate and petitioning for appointment would support the soon-to-be-appointed executor's actions. Any property so removed should be added to a list for the inventory that will eventually be submitted to the court.
First, the executor must be appointed by the court in order to have any legal authority over the estate. They should submit a petition for probate and appointment as soon as possible. Once appointed the executor can call the police if someone is stealing property from the estate.
No. She would be violating law- stealing the assets of the estate. Someone must submit the Will to the Probate court and petition to be appointed the executor. Once appointed, the executor is the only person who can access and take charge of the assets of the decedent. They will have the authority to distribute the assets according to the provisions in the Will after the decedents debts have been paid.
In TEXAS!! Are you kidding? You could get shot by the owner of the property.
Some shoes dropped on his head, and he was suspected of stealing them.
Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.
There is no specific crime for stealing a firearm. They are treated like the theft of any other piece of property.
Yes, it is theft of personal property
call the police
Well stealing is stealing, and that wasn't your property so probably completely illegal.
The maxim 'stealing is permissible' is a self contradiction as if it were universalised, and everyone was stealing everything, property would no longer exist, so it wouldn't be stealing.
Iraq invaded Kuwait primarily because the Iraqis thought that Kuwait was stealing their oil. Iraq suspected Kuwait of using slant drilling and stealing 300,000 barrels of oil daily.
There are many reasons why an executor must be bonded, all relating to improper or unlawful performance by the executor. That could be by stealing, distributing property to the wrong beneficiary, failing to pay a creditor, paying creditors in the wrong order, failing to pay estate taxes, causing the waste of estate assets, failure to follow the provisions in the will, failure to perform their duties according to the law, etc.
it is wrong because it is stealing someone Else property
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
Exactly how one can prevent someone from stealing their property would depend on what and where that property is. First and foremost, one needs to keep their valuable possessions locked. Lock one's house, keep valuable items such as expensive jewelry and watches locked in a safe, and keep one's car locked.
Yes, a civil trial is when you take someone to court for stealing your property. If the president takes your property.
Generally, when the court removes the executor it will appoint a successor. An executor has no power until they have been appointed by the court. If the family and heirs can agree on a successor the court will usually appoint that person.Generally, when the court removes the executor it will appoint a successor. An executor has no power until they have been appointed by the court. If the family and heirs can agree on a successor the court will usually appoint that person.Generally, when the court removes the executor it will appoint a successor. An executor has no power until they have been appointed by the court. If the family and heirs can agree on a successor the court will usually appoint that person.Generally, when the court removes the executor it will appoint a successor. An executor has no power until they have been appointed by the court. If the family and heirs can agree on a successor the court will usually appoint that person.