Q: My second cousin is stated in my aunt's will as the executrix. She has been caught lying about my aunt's estate.
When my second cousin became the executrix of my aunt's will she filled out a form with the probate court that said she did not have to show assets or liabilities to the heirs when it comes to my aunt's will. She used her Durable Power of Attorney to sale my aunt's house when she was alive whether my aunt was competent or not. My aunt had alzheimer's. I am one of the heir's, myself and the other heirs want legal accountability when it comes to selling of my aunt's house. Where did the money go from selling my aunt's house? Myself and the other heirs want to have financial and medical statements subpoenaed for accountability. Don't the heirs right for accountability overrule the form that my second cousin filled out at the probate court to refuse to show accountability to the heirs?
A:
I think you asked this question on another website. Since your aunt was alive when the house was sold, there is nothing that can be done about that right now. Your aunt can have waived the filing of bond or inventories, But GA requires an executor to give notice of the filing of the prior account. The beneficiaries have an ability to object at that time to distribution of the estate proceeds. In addition, they can seek to remove the executrix now. Otherwise, they would have to bring a lawsuit against the executrix, not in her capacity as executrix, but in her capacity as agent. You would have to read the power of attorney and see what it says about accountings if anything. It may be there is something there which will compel the agent to disclose what happened to the proceeds from the house.
You are not going to get medical statements unless you file a lawsuit and subpoena the medical records from the health providers to know how the money was spent.
Litigation is very very expensive. Before you file suit, you had better make sure that (a) you have the funds to see this through to the end and (b) that there is going to be some money that comes back into the estate for distribution to you and the other heirs at the end of the day. I suggest that you and the other heirs get together and hire an attorney to look at this. If you are the only one who is interested, its going to cost money for you to get this accounting and the information you seek.
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