What to do if an executor is misappropriating property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if an executor is misappropriating property?
My husband has 9 siblings. His older sister was left in charge of the trust/Will. First off it took us 4 months to get a copy of the trust, we had to pay the original lawyer $50 for a copy. She will not show us the bank accounts. She sold the property which we only found out because I found the information on the computer. She took what she wanted out of the house and than ask everyone else. There is a cab business and gas station at stake.
Asked on October 31, 2011 under Estate Planning, Rhode Island
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the problems that have developed. From the information that you have given here it appears that your sister in law is breaching her duties as a fiduciary to uphold the wishes of your mother or father in law. You have a right to challenge the appointment based upon the breach and to have her removed as the executrix and trustee. Be aware, though, that generally speaking, she can use the funds from the estate to defend herself in the law suit but that you have to hire an attorney yourselves to have her removed - i.e., out of pocket cost to you. You may be able to recoup some of that money if there is a bond is place but it depends on the circumstances. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.