QUESTION
Do we have to send the money back to the executor?
Asked on Aug 04th, 2013 on Bankruptcy - Michigan
More details to this question:
The executor sent everyone in the family checks from my late father’s estate. After we had spent the money, the executor requested money back to pay bills after he found out the checking account was his and not for paying bills.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
Yes. But, I would check with the court and make sure you have to return the money.
Answered on Aug 19th, 2013 at 7:59 PM
2 Awards
Yes. If you don't he can get it ordered and it will cost you more. If you don't have it, make a payment plan. Make sure he shows you what he needs it for and proves the request for its return. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Aug 09th, 2013 at 7:24 PM
3 Awards
It depends. Was there a court order to distribute? If so how long ago was the order entered. Has it been more than 6 months since the court ordered distribution? If yes to all the prior questions, it may be possible to keep the money.
Answered on Aug 09th, 2013 at 7:24 PM
Check with case law in the state the deceased lived in at the time of his/her death to see what the courts do when this happens. Certainly the executor made a major mistake which may be grounds for removing him/her from the position.
Answered on Aug 09th, 2013 at 7:24 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Tough luck executor, for failure to obtain the assistance of good probate legal counsel, trying to save attorney fees.
Answered on Aug 09th, 2013 at 7:24 PM
Thomas Edward Gates
Yes, you must pay the money back.
Answered on Aug 09th, 2013 at 7:24 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
I think you should make arraignments to pay back the money.
Answered on Aug 09th, 2013 at 7:24 PM
You should attempt to work this out with the Executor before having to appear in Court.
Answered on Aug 09th, 2013 at 7:24 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Legally, the executor would be entitled to the money back, under these circumstances. I understand how it would grind to return money that you thought you had coming, especially after it has already been spent.
Answered on Aug 09th, 2013 at 7:23 PM
Real Property Attorney serving Utica, MI
at
Douglas A. Tull, P.C. Attorney at Law
Update Your Profile
You might have to, but only upon a court order that you do so, and if the executor does seek a court order, you can respond by arguing that the account (probably joint with the decedent) was an account of convenience and belongs in the estate and was not intended to pass title to the executor (his paying out to the heirs from that account would indicate that he felt that way as well).
Answered on Aug 09th, 2013 at 7:23 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Tough one. People often make one child a joint owner of their checking or other accounts, for convenience it's a poor man's power of attorney. If your father didn't really intend the joint checking account to be a gift to one child if the plan, otherwise, is "all to my children equally" then arguably the checking account was part of the estate, was used to pay bills, it's all good, don't pay the money back. If your father intended a gift, but the PR didn't know, it's still the PR screwing up; don't pay the money back. On the other hand, if this is going to mean more legal bills, and if it will blow your family up, and if it doesn't hurt you financially too much, maybe the better idea is to pay it back into the estate.
Answered on Aug 09th, 2013 at 7:23 PM