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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29472
Experience:  Texas lawyer for 29 years in Estate law
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In the case of co executors, can one make a decision to distribute

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In the case of co executors, can one make a decision to distribute monies without the consent of the other. Also, what would happen if one unilaterally withdrew and distributed monies without the KNOWLEDGE of the other?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your questions and good evening.My sympathy here for your situation and dilemma.

The executor would be able to go back to court and pursue removal here and repayment of any wrongful distribution.The executor may have violated fiduciary duties to the heirs if there was any wrongful distribution.If there was any losses the court may hold the executor personally liable to the estate as well as liable for any lawyer fees or costs from your return to court.

The executor has a fiduciary duty here to work with the other executor and may be removed by the court and held personally liable and sanctioned by the probate court.You would want to motion to remove the other executor and seek recovery of any wrongful disbursement of funds.

You certainly have remedies with the probate court.If there was a bond here posted by the executor that may also be forfeited to the heirs here as well.The probate court would deal with all of this at a hearing on the motion for removal and sanctions.

You would raise this through the lawyer for the estate or if necessary you may need your own lawyer to do so and seek removal and restitution for breach of fiduciary duties.The Pennsylvania court can remove an executor on its own motion, or an interested person can petition the court for removal.

I am so sorry you have had this happen.Please let me know if you have more follow up.Thanks again.

 

Reference to removal of executor..

 

http://www.sjfpc.com/probate_removal_executor_trustee_pa_probate_law.html

 

 

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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29472
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 4 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


The co ex went to bank, was issued cashiers checks for amounts as called for by the will, however, I received a letter from the estate attorney and I in no uncertain terms stated I did not agree to a distribution. It was done, and I and my son received our checks today when the checks were created on Monday 6-17. Also, the other co ex and her family had already received and cashed their checks before I got mine on a Sat as to be able to do nothing about it until Monday. I did not consent, AND I was not made aware it was happening. Can this be undone?

Expert:  RayAnswers replied 1 year ago.
Sure you should write the judge here about it or have estate lawyer do so.You did not consent to it and you informed the lawyer.You can certainly seek to have the person removed under the law, the court can do so on their own motion.And if there was any wrongfule distribution the exeuctor is personally liable here for any loss of funds.You can bring this to the attention of the court and seek remedies for all of this from the judge.

Thanks for the follow up.

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