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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16149
Experience:  Licensed Texas General Practice Attorney
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My friends mother died in California last November. My friend,

Customer Question

My friends mother died in California last November. My friend, Claudia is one of 3 siblings set to inherit proceeds from the home. Claudias brother in law is executor of the estate. The mothers home sold in March for about $450,000. The brother in law said he would send $20,000 last weekend, May 30th, and the rest of the money would be dispersed later this year. Does my friend have any legal rights to know where the money is and why it's being held up? The $20,000 has not shown up at this point either. Claudia is afraid that the money may be being spent or used somehow by the brother in law. What does Claudia need to do to rectify the situation?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your friend's situation. Your friend could ask the court that appointed the brother-in-law executor to order an "accounting". An accounting is where he would need to establish what monies came into the estate and from where, the expenses incurred as a part of the probate process, etc... In short, every dollar in and out would need to be accounted for, and any improprieties could result in the executor being removed from that position and potentially liable for any damages that your friend incurred. Note that the brother in law has a "fiduciary duty" to the other beneficiaries of the estate. He cannot just spend the money on himself or steal it at will. If he does, he's going to be liable to her (and the other beneficiaries of the estate) for that amount that he took and spent. I would suggest that your friend first determine if that money is going to be paid out. If she is relatively certain that it's not, or has a good feeling that there's some impropriety going on, I would suggest that she contact an attorney that deals with probate cases in her area. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. She should be able to find one that will give her a free initial consultation and better advise her of her rights, any problems with her case, likelihood of success, how courts are treating cases such as hers in her area, and what she should do next. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you! Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Customer: replied 1 year ago.
That answered my question, thank you
Expert:  ScottyMacEsq replied 1 year ago.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, PLEASE RATE THIS ANSWER AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
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