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Will states executor can invest as he sees fit which was found to be illegal. One party sued and won and the executor was removed however an investment in a property was done. The court agreement mentions that he will open accounts for his children (all 3 were minors at the time of her death). They were left 100,000 each. He took the money and did what he wanted The property is now being foreclosed on by the bank who granted a ortgage to the executor at the time. Can I sue to put a lein on the property for the monies plus the promised interest? I wasalso left about 180,000 which I never saw but was promised.
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You most likely will have to join in the ongoing litigation with the estate, removing the executor, etc. I don't think that you can put a lien on the property, but you should be noticed in the foreclosure, and be given the opportunity to participate in the litigation. Also if the executor was required to obtain a surety bond, you can bring a claim against the surety company.
Answered on Dec 14th, 2013 at 8:49 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship