What to do if an executor has cheated the beneficiaries?

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What to do if an executor has cheated the beneficiaries?

My mother died in 11/04 and my sister was executor of her estate. We know she has received and cashed checks and didn’tdivide them with the other 4 sisters. She got a large insurance settlement from the life insurance on the mobile home. She also had access o bank accounts. Now today we find out that she lied to officials claiming to be the sole heir. Can we sue her? Can she be prosecuted for lying about being sole heir? We just found out today that a check of $200 was going to be issued to her tomorrow (and no one else because of her lying).

Asked on December 22, 2010 under Estate Planning, North Carolina

Answers:

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

Answered 10 years ago | Contributor

You and your siblings need to go and seek help from an attorneyas soon as you can.  Your sister has breached her fiduciary duty to the estate by basically embezzling funds.  One of my concerns here is that it has been over 6 years since your Mother passed away and I am worried about the statute of limitations on bringing an action against her.   There is a glimmer of hope in the fact that you state that she was to receive a check recently which makes me believe that the estate is still open and that the embezzlement is continuing on.  This can work in your favor.  Seek help here.  Good luck. 


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