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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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My father passed away 3 months ago. His will states that ...

Customer Question

My father passed away 3 months ago. His will states that the money in bank account is to be divided in thirds. 1/3 to a brother, 1/3 to me and 1/3 to the woman appointed his executrex. Unfortunately I am concerned that this woman is less than honest. Can she spend the money in my father''s account as she sees fit and then disperse whatever is left or will she have to account for any money spent from his account. What legal recourse would I have if I learn that she is/has spent any of his money?
Submitted: 9 years ago.
Category: Legal
Expert:  Mr Lofton replied 9 years ago.

The woman who is the executrix has a legal duty to collect all of your father's assets (bank accounts included) and to account for them in writing to the court. AS a beneficiary you are entitled to see that accounting. She has to account for every penny she finds as an assets and every penny spent. The Court has time limits on when the accountings must be returned and filed with the court. So you need to see what is in the court file and get copies from the court as you go along.

If this woman is not doing her duty with accurate and proper accountings, you can file a petitioner with the court at any time to remove her and ask the court to appoint someone else as in her place. The court will do that.

Also, if this woman steals or misappropriates the estate assets she is personally liable to the rest of the beneficiaries for what she has done. She should have filed with the court a "bond" in an amount at least as much as the assets of the estate. If the will provided that no bond was needed, you could still ask the court to require one.

Keep a close eye on her.

All the best.

Mr Lofton and 5 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Thanks so much for your time and info
Have a nice day !
Expert:  Mr Lofton replied 9 years ago.

Welcome :o)