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Can the executor keep estate monies in her account and not disburse money earned to beneficiaries?
North Carolina
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Posted about 1 year ago in Probate
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My uncle left property to me and my two sisters 2 yrs ago and I don't think the estate has closed. My sister who is the executor has rented the house but has not open an escrow account nor has she shared any of the rent money with us. She said that she put the rent money in her account and using it to pay off her expenses she accured on fixing up the property and for her travel expenses and hotel while doing this. My question is can she do this? Can we receive our share of the rent money now? What can we do about this.
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Answers (1)
David Alexander Phipps
This attorney is licensed in California.
Posted about 1 year ago.
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If there is a probate case open, the executor can be replaced if she misuses the estate assets. The method is to hire an attorney to file a motion to replace the executor. That same motion can be use to request that she be ordered to refund to the estate any assets that she has improperly used.
Beneficiaries are not entitled to any money from an estate that is in probate until either the probate closes or the judge authorizes an early distribution. This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney. David |
