QUESTION
What happen if the executor wants to take money out that is not in the will?
Asked on Mar 03rd, 2013 on Estate Planning - Michigan
More details to this question:
My late dad left my sister and I everything of his possessions, but the executor wants to take out money for something that's not in the will. What should we do?
17 ANSWERS
Complain to the probate court. A lawyer could file a motion for you.
Answered on Apr 01st, 2013 at 3:04 AM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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I am assuming that the will is currently in a probate administration and therefore subject to the probate courts. If so, the executor or personal representative is required to provide the court with an inventory and an accounting and has to prove to the court that any extraneous expenses were reasonable and justifiable. Remember that a PR has a fiduciary obligation to the beneficiaries and to the creditors and has to make sure that all proper creditors are paid before the beneficiaries. The PR might have some expenses along the way including his or her fee for doing this but the court has to approve everything otherwise the PR will have to repay it. So this begs the question whether the will is currently being probated. If not, have the will probated.
Answered on Mar 20th, 2013 at 10:50 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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It depends on what that "something that's not in the will" is. If it is supervised administration, you need to object to the claim the executor makes on the settlement (accounting) for the estate. If it's independent administration, under the circumstances you should request that the administration be changed to supervised and file a formal objection to the use of the funds. There are certain things over which the executor has some discretion so you need to be more specific about what it is the executor wants to do.
Answered on Mar 08th, 2013 at 2:00 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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The Executor must pay bills, debts and expenses of the deceased and the estate before making distributions to the beneficiaries. If he/she is using money for something other than this, you should bring it to the attention of the Court ASAP.
Answered on Mar 06th, 2013 at 11:48 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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What does he want to take money out for? Is there other property passing outside of the probate estate? Under Michigan law there may be an obligation to pay funeral bill, creditors, and administrative costs.
Answered on Mar 06th, 2013 at 12:34 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Executor must abide by decedents wishes. Not sure what they would want to take unless you are speaking about executor commissions.
Answered on Mar 06th, 2013 at 12:34 AM
You should be able to contest it in probate court.
Answered on Mar 06th, 2013 at 12:33 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Don't let the executor do that as the executor does not have court authority to do what you are suggesting. Don't be foolish as the executor may waste the estate. DO NOT let him remove anything, except by court order ,from the estate.
Answered on Mar 06th, 2013 at 12:32 AM
Thomas Edward Gates
The executor is in control of the expenditures of the estate while in probate. Hence, if there are creditors to be paid, outstanding bills, funeral expenses, attorney fees, etc., the executor may pay these items from the assets of the estate. Only after all of the claims have been paid, do the beneficiaries receive their distribution.
Answered on Mar 06th, 2013 at 12:15 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, is he taking it out to pay your father's bills? If so, then it is required, even if not in the will. If on the other hand, he is doing it for his own benefit or someone else's, you can go to court and ask for the court to order him to stop.
Answered on Mar 06th, 2013 at 12:15 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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You need to file a petition to have the personal representative removed for cause, because he is trying to take money for himself that is not provided in the will. You will probably need to see an attorney to get this done, but do so sooner rather than later.
Answered on Mar 06th, 2013 at 12:10 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Petition the probate court for instructions; or, if the PR spends money wrongly, object to his or her next account.
Answered on Mar 06th, 2013 at 12:09 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Your question is a bit vague. What is he taking money out for? The executor is generally required to follow the terms of the will. If the executor has done something wrong, petition the court to bring it to the court's attention.
Answered on Mar 06th, 2013 at 12:06 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the executor is paying the debts of the estate, that is allowed.
Answered on Mar 06th, 2013 at 12:01 AM
Contact an attorney who specializes in estate administration immediately.
Answered on Mar 05th, 2013 at 11:57 PM
2 Awards
Hire an attorney to dispute it.
Answered on Mar 05th, 2013 at 11:56 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to be more specific. What does the personal representative want to take money out for? Is it an administrative expense? If so, it has priority status over your inheritance. If it is something else, I would need to know more details.
Answered on Mar 05th, 2013 at 11:53 PM