How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55720
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

Family Will Question: My Aunt's executor wants to distribute

Customer Question

Family Will Question: My Aunt's executor wants to distribute the remaining $140,000. of her estate to 11 heirs. 1. The heirs have never received an annual account. 2. Retirement funds were not included in the proposed distribution letter. 3. The estate home apparently was sold for approximately 1/2 the market value. 4. There appear to be overcharges in the letter to distribute the remaining (proposed) balance of the estate. Due to the $140,000. proposed distribution to possibly $300,000. to $400,000. possible realization if arbitrated or sued, what should we do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Hi Thomas. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

I would certainly pursue this. 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 the executor know that if a final accounting is not provided and it's to your satisfaction (including confirmation there has been no misappropriation of funds), you will be filing the petition with the court to have the executor removed, to order an audit of the estate, and to impose actual and punitive damages against the executor if there has been any misappropriation of funds.

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). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 1 year ago.

I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Expert:  Richard replied 1 year ago.

I have now returned, so if you have a follow up, I'll be happy to help you with it. Thanks for your patience!