What to do if an executor is misappropriating property?

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What to do if an executor is misappropriating property?

My husband has 9 siblings. His older sister was left in charge of the trust/Will. First off it took us 4 months to get a copy of the trust, we had to pay the original lawyer $50 for a copy. She will not show us the bank accounts. She sold the property which we only found out because I found the information on the computer. She took what she wanted out of the house and than ask everyone else. There is a cab business and gas station at stake.

Asked on October 31, 2011 under Estate Planning, Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have developed.  From the information that you have given here it appears that your sister in law is breaching her duties as a fiduciary to uphold the wishes of your mother or father in law.  You have a right to challenge the appointment based upon the breach and to have her removed as the executrix and trustee.  Be aware, though, that generally speaking, she can use the funds from the estate to defend herself in the law suit but that you have to hire an attorney yourselves to have her removed - i.e., out of pocket cost to you.  You may be able to recoup some of that money if there is a bond is place but it depends on the circumstances.  Good luck.


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