It appears that the Executer for my Mother's estate, located in another state, is borrowing funds and distributing $ not approve

Asked almost 2 years ago - Brownsburg, IN

They have promised a detailed accounting of the income/expenses monthly for the last 8 months and no longer answer calls or mail. The individual is located in her last state of residence which is a 14 hour drive from me. I need some advice on how best to proceed.

Attorney answers (3)

  1. Steven J. Fromm

    Contributor Level 20

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    Answered . YOu are very late here in responding to a problematic situation. You must realize that for every day you wait you increase the losses that may be taking place here. Get an estates litigation attorney immediately. You may need to bring an action for a complete and immediate accounting, a surcharge action and an action for the executor's removal for cause. For removal for cause, please see my article entitled Pennsylvania Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_T... Even though this relates to PA law most states have similar rules.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . Your next step needs to be locating and retaining a probate litigator in the state where the trust is being administered. You need to have your own attorney review the trust, then demand an immediate accounting from the executor. Do not delay, you have already given eight months away.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  3. Chad L. Edwards

    Contributor Level 10

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    Answered . You absolutely need to hire a probate litigator ASAP. Save all of your correspondence with the executor. The longer you wait, the more difficult it will be to recover the misappropriated funds.

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