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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Angry Executor Spent The Money From The Estate

    My grandparents passed November 2006 within two weeks of each other in Texas. My Aunt had my grandfather sign a new will after my grandmothers death which made her executor (it was shady...but it is over now). The will that they had always had stated that my uncle (the youngest of 4) was to be the only beneficiary (he is also 30 years younger than them all) and from what my father remembers (day of grandfathers passing) from her reading the will everything is the same except for the executor. My uncle who is the beneficiary is now deployed to Iraq and called us because he contacted the executor of the will to get his inheritance to buy a house and she said she didn't have any money left because she spent it on herself. Is there any criminal repercussions for her stealing the money? Or will he have to hire a lawyer and hope he gets more than the lawyers fee out of her? The total of the estate is under $100,000...she has admited to taking $55,000. We are just trying to help him get his ducks in a row to get this money back.....

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Executor Spend The Money From The Estate

    He (or somebody on his behalf) should file a police report, and should notify the court of the misconduct and demand an accounting. If he's lucky, the executor is bonded; but I suspect that won't be the case.

  3. #3

    Default Re: Executor Spend The Money From The Estate

    Unfortunately the police will normally refuse to get involved in a family situation such as this and tell you that it is a civil matter. He can hire an attorney and sue her. Once he gets a judgment (usually takes abut two years and 10,000), he will have to try to collect. By that time she has hid all the money and will probably declare bankruptcy.

    If she owns real estate you are in a much better position.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Executor Spend The Money From The Estate

    He can hire an attorney and petition have the probate court overseeing the estate order an accounting and reimbursement of misappropriated funds. It doesn't take a separate lawsuit, and that should not take years.

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