Believe sisters estate has been embezzled

My sisters father passed in 2011 she
was not able to take care of the estate
she had to get executor for estate a
estate lawyer filed paperwork for that
and that was the only thing done. No
other paperwork was ever filed by
lawyer or the executor threw the
courts. Her father had 2 property’s and
several bonds in the amount of 235,000
which the executor took to the bank and
cashed in and put in account under his
and her name the bank statements that i
have doesn’t add up to that amount and
she is broke now.

Asked on June 25, 2017 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An heir (such as your sister) can file a lawsuit in chancery court (a part or division of county court) for an "accounting"--that is, to make an executor account for his actions. If the executor is found to have acted improperly, such as by diverting money to himself, or negligently, or unreasonably carelessly, he can be forced to repay losses he caused the estate. Such an action can be procedurally complex; it would be best to retain an attorney. But if your ssiter cannot afford or does not want an attorney, she is allowed to be her own lawyer ("pro se"); she can get instructions from the chancery court clerk's office.


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