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VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience:  Wills, Trusts, Probate, Inheritance Issues
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One of 3 executors in family estate writes checks without consult.

Resolved Question:

One of 3 executors in family estate writes checks without consult. Has written close to $5000 to fix a house he wants in settlement and $1200 to himself for personal purchases. Just recently had access to either of the two bank accounts we have.
Submitted: 7 years ago.
Category: Estate Law
Expert:  VanDLaw replied 7 years ago.

You can petition the Court to have the Executor removed, you will need documentation of what you have stated above. The other two Executor's should have been consulted as all decisions are required to be made by all three of you. Request a hearing before the Probate Judge and go over the matter. If you have an attorney handling the Estate you should speak with them and let them know what is transpiring. You also have the right to complete accounting of all the disbursements.


The other issue is the Probate should have been closed, is this a Trust? Probate shouldn't be open for two to three years unless there is litigation involved.

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