QUESTION
What can we do if we named our sister the executor but she's mishandling our funds?
Asked on Jun 11th, 2013 on Estate Planning - California
More details to this question:
My father passed away some years ago. We named our sister the executor of the estate but she refuses to give us access to the statements of the residual income that our father’s estate generates. She doesn’t let us know when she is taking money out of the escrow or what is being put in. She sends us a royalty check twice a year but only what “she” wants us to have. I have no idea what is in the account and would like to sue her for mishandling of funds. What are the steps I need to take to get the ball rolling? Thank you in advance!!
16 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate litigation attorney who can make a demand for an accounting and have a petition filed to have sister removed as the executor of the estate and have someone else in your family appointed or have a financial fiduciary appointed to represent the estate who will provide annual accounting's.
Answered on Jun 11th, 2013 at 9:54 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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There should be an attorney on the case. You should send him or her a letter and ask for an accounting as to what monies and assets have come into and out of the account. Tell the attorney that you have requested the information from your sister and she has refused to give it to you. You can also file a motion with the court requesting to have her replaced as the personal representative.
Answered on Jun 11th, 2013 at 9:54 PM
3 Awards
First, I suggest that you send certified letter to her demanding annual accounting from the time she was appointed, or the last one she provided. Require that the accounting be provided within 60 days. Second, if she fails to provide it to you or it is not satisfactory, consult a probate and trust attorney to determine in what fashion you need to file with the court for an accounting and possibly her removal. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 11th, 2013 at 9:54 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Next step is to gather all your papers and hire an attorney.
Answered on Jun 11th, 2013 at 9:53 PM
At this point you don't know if your sister is mishandling the income from your father's estate. Typically, an executor's job ends when the estate files the final report with the probate court. So your sister must have some other source of her authority to handle and distribute the funds. But no matter what the title of her position is, you have some right to know what is in the account and how it is being managed. However, you may not have the right to receive any more of the funds than she is providing to you, particularly if you are a minor or have certain types of disabilities. Tell your sister that you would like to review all of the accounts yourself or hire an accountant to look them over. If she still refuses and won't give you a valid reason, contact an attorney.
Answered on Jun 11th, 2013 at 9:53 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Demand an accounting and file a petition with the court. Hire a lawyer.
Answered on Jun 11th, 2013 at 9:53 PM
Thomas Edward Gates
You need to file a petition for an accounting of the probate. At the moment you do not know whether she is mishandling the funds.
Answered on Jun 11th, 2013 at 9:53 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Ok, if she is "executor" (the modern term is "personal representative" then she has to account annually. You should receive a copy of the account and you can object to the account if it is not complete. If you're not getting accounts annually, then contact the Court and ask the Court to order her to account. If this is not a court proceeding, then you have completely misunderstood what is going on maybe she is trustee? She is still required to account annually. If you think she's cheating, the longer you let it slide the less your chance of a recovery. Get a lawyer and get started on this sooner rather than later.
Answered on Jun 11th, 2013 at 12:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds to me like you do not know how she is handling this, or if she is mishandling the funds at all. I would suggest that you have a probate attorney review the entire situation with you to determine whether anything inappropriate has taken place and how best to proceed. This is not something you should be trying to handle on your own.
Answered on Jun 11th, 2013 at 12:35 PM
Sanford M. Martin
As an interested person in the estate, you have a right to notices, documents, and accounting; however, if your sister as executor will not cooperate, you may be required to file an action to demand such information in the applicable probate court.
Answered on Jun 11th, 2013 at 11:52 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can request an accounting and/or file to have her removed.
Answered on Jun 11th, 2013 at 11:52 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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You can demand an accounting, as you are entitled to this under Utah law. If she refuses, you file a demand with the court to get them to compel her to render an accounting. If she breaches her fiduciary duties and takes money she is not supposed to take, she can be liable personally.
Answered on Jun 11th, 2013 at 11:50 AM
Your sister should be giving the beneficiaries an accounting at least once a year. See an attorney.
Answered on Jun 11th, 2013 at 11:48 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If this is a probate estate, the probate court requires an inventory of assets be filed and then requires a fiduciary's filed account once a year that documents all of the income, expenditures and distribution of the estate. You can look into the file at probate court to see if this has been done. However, a copy should have been provided and either have a waiver signed by each heir or a hearing set on the matter and all of the heirs sent notice of said hearing. If there is no probate estate but your sister is administering your father's trust, the trust should provide that you are entitled to accounting as well. Either way, you can file an action in probate court if you think that she is mishandling funds.
Answered on Jun 11th, 2013 at 11:46 AM
Your best approach is to petition the Court to remove your sister as the Executor.
Answered on Jun 11th, 2013 at 11:45 AM
2 Awards
Contact an attorney immediately before the money is gone.
Answered on Jun 11th, 2013 at 11:45 AM