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what happens when executor doesn't probate a will and takes the money?
Wiki User
∙ 11y ago
It would be theft or fraud.
Wiki User
∙ 11y ago
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What happens if an executor spends money that has been left to others and he wants them not to have any?
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 .
After an estate is closed how long does it take to get your money?
The length of time for probate vary by county and state to state. But, mostly it depends on the executor as to how efficient they are in doing their duties after the probate process is complete. Find out who the executor (or admnistrator) is and ask them how long it will be before they start distributing the estate. ( You can find out who the executor is by viewing the will at your local Probate Court.)
How can you get a copy of the executor you lost your paperwork making you the executor and you need this for a company to get money that is entitled to the estate?
You can obtain a certified copy from the court where the probate was filed.
Can executor get money back from out of pocket expense?
The executor can make a claim against the estate for expenses. The probate court will have to approve. The expenses have to be reasonable and normal.
How do you get the money your parents willed to you?
First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.
Can a property under probate be let?
Yes, property under probate can be rented or leased. The executor has the power to preserve the estate and this is one way of obtaining money to pay debts.
Aunt is executor of will and stole all the family money. What can be done?
Take her to court. You can petition the court to remove her as executor. She has to provide a complete accounting of the money to the probate court. You could press charges on her and get all the money back and even more.
Are you able to draw money from your deceased mothers estate before probate is complete?
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
What happens when a separated spouse applys for probate and a letter has been left asking a daughter to deal with estate?
The court will appoint an executor. If there is controversy, they are likely to appoint an attorney or bank to serve, which will cost the estate more money.
Do you as beneficiary have the right to ask for bank statements and ask the appointed executor to be accountable for all money coming out of the estate prior to probate?
That is the duty of the executor, to be accountable for all distributions from the estate. They have to answer to the court.
How can you get the money from your deceased mothers checking account?
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
Can the executor disperse money to those persons in the Will without a lawyer?
The executor has no authority to access any accounts until they have been appointed by the court.Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
