An executor who spends money improperly can be sued to have him return the money, pay for interest lost on the mispent money, forfeit his commissions and perhaps be removed as executor. These are civil actions to be brought in probate court mostly. He may also be charged with criminal theft .
They have breached their fiduciary duty. They can be held liable and prosecuted for theft.
they have debt
It would be theft or fraud.
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.
They should be reported immediately to the court that appointed them and criminal charges should be pursued.
The government spends it.
If the debt is evidenced in writing it is the obligation of the executor to collect the debt owed to the estate.
The executor is responsible for presenting a schedule to the court on how the money available will be dispersed. The judge will either agree to it or disagree, but therer is no reason why the executor can't get a fair share of the money compared to the others. Perhaps the estate will pay 20 cents on the dollar to all the debtors.
A living trust has a Trustee (not an executor). You can bring a lawsuit against the Trustee. In the lawsuit the trustee will have to show what was done with the money, and the court will judge whether it is against the law or not. The trustee has a fiduciary responsibility and if that is violated, and there is proof, the trustee will lose the lawsuit and you will win damages.
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The word "who" acts like the subject of the sentence, so the question is constructed like a declarative sentence. For example: "Who spends the money?" "Bobby spends the money."