The executor of a large estate has paid non-estate bills with the deceased person’s account, thereby, limiting the amount of funds for all 3 heirs. Should I file a complaint with the probate court?baire

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The executor of a large estate has paid non-estate bills with the deceased person’s account, thereby, limiting the amount of funds for all 3 heirs. Should I file a complaint with the probate court?baire

The personal representative of the estate paid non-estate property insurance with estate funds and he paid electric bills with estate funds on the same non-estate property. He did this for 14 months. It adds up to several thousand dollars.

Asked on January 17, 2017 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An executor may NOT use estate funds for non-estate purposes; doing so is a violaton of his fiduciary duty (duty of good faith and loyalty) to the estate as executor. If a court agrees that he misused estate funds, he could be required to personally repay those amounts. If you are an interested party (e.g. an heir) with a stake in the outcome, you could file a legal matter requiring the executor to account for his actions. Contact the probate court clerk's office for instructions.


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