What are my duties and rights as an executor of fathers will?

Question

My father passed on the 7th of September, my mother went into his personal papers and found his ATM cards and pin numbers and withdrew all funds from his accounts within 5 days of his death. He named me the executor in his will and I am unsure as to how I am to deal with what she did, I have waited due to trying to get all of his affairs settled but need advice please help, has there been a crime committed here? I don't know what I should be doing as the executor.

Jeffrey Strickland · Answer

As a duly appointed executor, you are charged with marshaling all assets, paying properly filed debts, and distributing the assets per the will or Tennessee's intestate succession law.

You did not advise if the accounts were held in joint name, payable on death or the like. You might have to decide whether to pursue action against your mother. Talk with counsel.

Strowbridge Richardson · Answer

You can go on line to the California Courts and under forms obtain a copy of the duties of an Executor.  Your mother had the right to remove her share of the community property but not your father's share.

Edwin K. Niles · Answer

It?s near impossible for one to handle a probate without a lawyer.  You should pursue this ASAP.

James Weiner · Answer

what your mom did was wrong.. but .. First, was his wife a beneficiary? Was the listed on the account as a jointly owned? Second you must file a probate action to probate his estate and get the bank records (if the bank will not give them to you)..  Assuming your mother is a beneficiary if there are sufficient assets otherwise just set off the amount she took from what she would get anyway..

Frances An · Answer

First, go to the probate court and get a paper telling you what your duties and rights are as executor.   Were they joint bank accounts?  If so, she would be entitled to take them without probate.  Did she take a certified copy of his death certificate to the bank?

James Frederick · Answer

More information is needed. How were the accounts titled? Were they in joint names or in your father's name alone? If they were in your father's name alone, your mother's actions were illegal.  You are not actually the executor, (we call them Personal Representatives in Michigan), unless and until you have been appointed by the probate court, to serve as such. If there are no other assets, it is likely that your mother would have been entitled to the money, anyway. So this may be a situation where, although she acted improperly, there is no harm, no foul.

Norman Green · Answer

You need to take the will and all other documents you have and go see a lawyer NOW.

Victor Waid · Answer

You should be consulting with a probate lawyer, who has the expertise to conduct a probate of the estate that you do not have to recover the assets of the estate.

Brian Haggerty · Answer

You should hire a lawyer to assist you with the petition to be named personal representative (not executor any more; since you still use that term, I assume you haven't petitioned the court yet to actually be named).

James Oberholtzer · Answer

The answer depends on the ownership of the accounts.  If they were joint accounts, what your mother did was proper.  If not, then there could be a problem.  Can you simply ask her what her thinking is?

Mark T. Peters · Answer

It sounds like she was not on the account.  If not, it is technically theft.  As the executor, you can move the court to force her to turn over all of the funds she received.  However, is she entitled to anything under the will?  If so, maybe you can just offset what she got against what she is supposed to get.  You should contact a local probate attorney and go through the details of the situation with him or her.

Christine James · Answer

Contact an attorney and discuss the size of your father's estate etc.  The attorney will be able to tell you whether probate is required and how/if you will be able to get the money back from your mother.

Bernard H. Greenberg · Answer

Each State has statutes that apply to your acting as the Executor. Check with your State for these details. Additionally, most bar associations have some literature that could be of assistance. The Colorado Bar Association has a booklet about being a Personal Representative.

Michele Ungvarsky · Answer

If the accounts were joint she became the owner at the time of your father's death.  You need to determine how the accounts were titled.  If you have any doubts please contact an Estate Planning Attorney.

Randall Romei · Answer

The information presented is incomplete.  Were the accounts owned solely in your father's name?  Were they joint accounts?  Did any of the accounts have payable on death or designated beneficiary directions?  Who are the legatees under your father's will?  Your father's will must be filed with the County Clerk.  As the named executor you would seek to open a probate estate and be appointed the representative.  As the appointed representative you would collect the probate assets existing at the time of his death, pay all claims against the estate, and distribute the assets in accord with the terms of the will.  This may mean that you must recover estate assets improperly converted by your mother, if any.  This can be done through the probate estate.  If at the time of his death your father had assets in excess of $100,000 or real estate then a probate estate should be opened to administer and deal with the assets.  The appointed representative would have the duty to collect the assets of the estate as of the date of death.

Neal Michael Rimer · Answer

It is time to retain an attorney to represent you and file a probate petition.  The attorney will probably file an "850 petition" to request that the court order the return of property of the estate improperly taken.... but, what if your mother was entitled to the money?  What does the Will state about who are going to receive the benefits of the estate?  You need the advice of an attorney.  Please find a probate attorney near you and get a consultation.

John Brennan · Answer

You as the executor have a right to engage an attorney to assist and advise you, at the expense of the estate.  Do so.

Jayne Sebby · Answer

As executor, you are responsible for notifying all of your father's creditors and debtors of his death, collecting all of his assets and any money or goods owed to him, paying off all of his bills including end-of-life expenses and funeral expenses from the assets of the estate, determining and paying all taxes and estate taxes due also from assets in the estate, and then distributing the remaining assets according to the terms of his will.  If your mother co-owned each of the accounts with your father, she is probably entitled to the money.  If not, she will probably have to pay it back or accept it in exchange for something else she was bequeathed in the will.  Most state grant surviving spouses a pre-set sum or percentage of an estate to help them pay bills, etc. until the estate is settled.

David Leon · Answer

You need to go to probate court and get letters issued. Once you get the letters issued, you can contact the bank and let them know that money was taken out of the account post mortem. If your mother is not on that account and didn't have permission, then she may have committed a crime.

James Maguire · Answer

One of the duties of an executor is to preserve the assets of the decedent,   in whatever way is necessary.   You need to have yourself appointed to this position by a court.

Maura Curran · Answer

Inform the banks he passed away, they will know what to do with his accounts.  Then you need to hire an attorney to probate his estate - the attorney can review the estate with you and tell you what you need to do, and if you have to probate.

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