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Rosa Parks

What happens when your sister is the executor and she has spent some of your mom and dads estate?

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2014-07-14 20:53:26
2014-07-14 20:53:26
AnswerSome people feel because they are left as Executor of a Will they can do as they want. It's a serious position (that you can decline if you so choose) to be sure the Will is carried out by the decease's wishes. The Estate would go into Probate and this means that ALL MONEY, PROPERTY, STOCKS, BONDS, BANKING ACCOUNTS, are to be accounted for. Probate has to go through so all personal and property taxes are paid in full and any outstanding debts are paid off. What is left after that is left to the Heirs in the Will.

These are only some of the things an Executrix can do:

Borrow off the amount in the Will that is solely left to them. They must provide the bank a copy of that Will before loaning any money. This means you get part of or all of the money due you sooner, but you must sign over your rights of that portion of your inheritance to in the Will to the banking institution.

Paying off gas/electricity bills, etc. Any outstanding medical fees can be paid off by the Executrix in this case.

An Executrix/Executor must provide receipts for every cent they spend and be accountable to the the Heirs in that Will.

I suggest your get yourself a lawyer and have him take care of this if you fear she may be spending too much money and not being accountable for this. You can also go to the lawyer that is holding your parent's Will and be sure you have proof your sister isn't spending money on needless things and thus, have her taken off the Will as Executrix. This Will then can be dealt with solely by the lawyer or by a Trust Company. Be sure you know what your fees are up front with either of these methods.

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Well, 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.

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Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.

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It would be safe to assume that the wife is entitled to the entire estate. As long as she is not shorting debtors, she can spend some of the estate's money, as long as she is keeping good records.

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Only the executor can do that. They will have a letter of authorization from the probate court. They will provide a complete accounting to the court for the estate and what was spent.

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The money belongs to her estate. The executor of the estate will distribute it according to the will.

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It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.

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Not nearly enough info to answer question. Did your sister deplete your mother's estate prior to your mother's death? Did she have "power of attorney" to do so? Was your sister named as the Executor of the estate? For what did she spend the money and under what circumstances? (e.g.: Executors have broad discretion to disburse the estate of the deceased to pay all the outstanding bills and debts of the deceased.) Was the will probated through the court system? If a sufficient amount of inheritance is involved and/or you have questions about your sister's handling of the estate, you probably should consult with an attorney skilled in the area of probate law.

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They have no control over things that happened before death. They may be able to bring some of it back into the estate.

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The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.The heir has no such authority. The court requires those accountings as part of the statutory probate process. The executor must list all the assets that come into the estate in the inventory filed with the court. To end the probating of the estate the executor must file a final account showing where and how the assets were spent or distributed. All the estate assets must be accounted for. You can visit the court, request the case file, review all the documents and filings it contain and obtain copies.

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The executor of the estate can request a full accounting. That would make sure that no gifts were given during the last two years.

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Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.Once an estate is filed it becomes a public record. The executor must file an inventory of all the assets and at the endof the probate process must file an accounting of any assets that were spent or distributed. You can visit the court and ask to see the file. If a long period of time has passed (over a year) and no account has been filed you can ask the court to compel the executor to file an account if you are an interested party.

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I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unlawfully to the detriment of the estate or otherwise not fulfilling his/her duties. Mere animosity between an executor and beneficiaries without proof of some substantial wrongdoing will not serve as grounds for the court to order a removal. These lawsuits should not be filed unless there is serious wrongdoing because with legal fees for both sides a lot of the estate can be spent in the litigation. Besides, courts offer beneficiaries other remedies for problems, such as forcing an executor to make an accounting. Most Courts consider removal of executors a drastic measure.

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There is no executor of an estate until one is appointed by the probate court. If someone converted the assets of the decedent to their own use then you should contact an attorney to initiate a lawsuit. You might also speak to the police or the district attorney about filing a complaint. The following legal definition is provided for your review: "Conversion" in law: The unlawful appropriation of another's property.

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They are committing fraud. They can be prosecuted for a crime.

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The estate is responsible for the debt. They will have to pay it off before closing the estate. They have the ability to try and get the money/goods back from the person that spent it.

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This response may not apply to your country, state or province but here is a response from my experience in Ontario, Canada.............. Certain criteria have been applied in many cases when fixing the compensation of Executors. # magnitude of the Estate; # care, responsibility and risks assumed by the Executor; # time spent by the Executor in carrying out his or her responsibilities; # skill and ability required and displayed by the Executor; and # results obtained and degree of success associated with the efforts of the Executor. Although the above factors provide some guidance in terms of what criteria should govern the calculation of Executor's fees, they do not provide a clear method for arriving at a value for the Executor's compensation. Hence, in an effort to develop some consistency and predictability in the determination of Executor's compensation, a court recognized guideline has evolved. It must be recognized that this is only a guideline and is subject to increase or decrease in appropriate circumstances and may also be disregarded altogether in favour of another approach. The guideline applies percentages to various categories of the Estate receipts and payments and is expressed as follows: * 2 ½ % of the total value of capital receipts of the Estate * 2 ½ % of the total capital disbursements of the Estate * 2 ½ % of the total revenue receipts of the Estate * 2 ½ % of the total of revenue disbursements of the Estate * Annual fee of 2/5 of 1% of the average annual market value of the capital of the Estate Despite the guidelines, courts still require evidence to justify the quantum of compensation claimed by the Executor. This evidence can include time dockets or estimated time logs. In a number of cases, courts have awarded an additional allowance to the Executor where the administration of the Estate was made more difficult than usual by reason of conflicting interests among the beneficiaries; where the Estate has involved the management and operation of a company; or where litigation was initiated by the Executor on behalf of the Estate. On the other hand, courts have reduced the Executor's compensation from the guideline amount in cases where a large Estate which nonetheless was simple to administer was involved or where specific assets were being transferred.

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This is a general answer. It is rather a guideline or example of how you can determine fees for an executor. An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.

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The executor must file an inventory of assets with the court and at the end of the probate procedure they must file an accounting to notify the court where all the assets were spent or distributed. You can visit the court and review all the filings in the case. If they withhold information or assets from the court they will be held personally liable and can be removed. If you have proof you should notify the court.

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An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.

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An executor of an estate is subject to the jurisdiction of the court that appointed her. She is obligated to file an inventory of all the assets (including personal property, bank accounts, real property, etc.) owned by the deceased along with their value. She is also obligated to file an account with the court detailing any money she spent, any assets she distributed, etc. If she has failed to act in a responsible manner as executor she should be reported to the court. The attorney who handled the estate should be questioned as to her/his lack of oversight. You should consult with a attorney who can review the circumstances and discuss your options.

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no a peasant did not have a education the spent there lives serving the kings and queens of the estate or manor

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The executor of a will holds the responsibility of offering the will for probate after the testator, or creator of the will, has died. Property must also be distributed, according to the instructions in the will, by the executor. Time must be spent dealing with creditors and debtors to the decedent’s estate. Depending on each individual situation and size of the estate, duties may include more tasks. Holding the title of executor is a serious responsibility and requires the designated executor to have a good ethic. Property of the deceased testator that is not left to the executor must never be used for personal gain. Executors may be removed from a will before the death of a testator, but this must be performed by the testator. An amendment, or codocil, is formed and new revisions are made. After the death of the testator, the removal of an executor is more difficult. With proper court proceedings and valid reasoning, the executor may be removed by approved parties. Spouses, children, family members or those holding special relationships to the deceased testator may file petitions with the court to remove the testator. Removal is not always granted, but when reasonable grounds are proven, it is usually accomplished. Most wills list an alternate executor to be appointed, should the original executor die first or be unable to fulfill their duties - or be removed. If no alternate executor is named, such as in a hand-written will, the court will appoint a new executor. Sometimes a person may not wish to be the executor of a will, but were appointed without their knowledge. With a busy life schedule, physical or mental handicaps, some people are unable or do not wish to take this responsibility. The courthouse in the county where the death occurred will have a form that allows an executor to perform self-removal. By filling out a removal petition in the presence of the clerk, who counts as a witness, the executor may remove his or her affiliation with the testator’s will. In such cases, the alternate executor will be appointed or the court will appoint one. When making a will, it is in the best interest of the testator to choose a person or persons who are aware they are being named. Choosing an executor who is trustworthy and capable will ensure that the will is carried out properly and assets distributed honestly.

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No. She was an old child and spent a lot of time alone.

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Unless he was the sole benificiary of the will, yes. He could be prosecuted for theft.


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