Wht to do if the executor of the will spent my share and loaned money out without my permission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht to do if the executor of the will spent my share and loaned money out without my permission?
I live in one state my parents lived in another. I received an inheritance of $100,000. What sort of legal action can I take when I am here and the executor is in the state in which my parents lived?
Asked on June 8, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You are going to have to bring action in the state in which the Probate proceeding was held, and that would be where your parents lived. You seem to have a potential claim for a breach of fiduciary duty. If the Executor posted a bond then you can go against that bond for return of your funds. But there are time constrictions here and you should speak with an attorney in your parent's state asap. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.