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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55723
Experience:  29 years of experience practicing law, including tax and estate planning.
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What would you say to an successor executor trustee who

Customer Question

what would you say to an successor executor trustee who would not provide an accounting of where my mothers money was spent. he obviously is up to no good in my opinion because he will not disclose any informarion to me my parents only livibg child of
anything that has transpired since the death of my other and 12 hours later my sister his mother. the trust was supposed to b changed but my mother got real sick and we couldnt get her in and my sister overdosed on my moms medication 12 hours later. so my
mothers wishes have not been honored and my nephew has secretely done everything behind my back. I am heartbroken and very hurt at his actions but he wont let me know what he did with all her money.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.

Good morning. My name is ***** ***** I look forward to helping you.

You absolutely have rights here. The estate and its assets are not the executor's personal piggy bank simply because he's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put the executor on written notice by certified letter of the foregoing and let him know if he does not satisfy his fiduciary duty to you as a beneficiary in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have him removed and be asking the court to order an audit of the estate.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 2 years ago.
can u please write a letter to him? I havent known one thing that hgas been going on and he has not given me a copy of anything.
Expert:  Richard replied 2 years ago.

Thanks for following up. I'll be happy to draft a letter for you, I can do that for you through the Additional Services option offered by JustAnswer. If that would be helpful, let me know and I'll extend that offer and you can then decide whether or not to accept. Fair enough?