Richmond, VA asked in Estate Planning and Probate for Virginia

Q: My sister usurped my authority of Executor of my mother's estate. She refuses to give me any receipts. What should I do?

1.How to stop someone from using decedents estate monies excluding the Executor's permission.

2.Do the Executor need to bring an injunction? How?

3.Generally, what does it cost? Could the cost be taken from the estate by the Executor?

4.Can the person claiming, without proof of being power of attorney of the decedent's, be prosecuted for this malfeasance?

5.Is there a pro Bono lawyer that you would refer to us in this matter, if only as guidance?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: If you are the Executor, you are blatantly incompetent and need to be removed or get advice on how to do your job better. Why is the estate's money in an account that anyone other than the court-appointed executor can access? Is it still in the decedent's name, and the bank hasn't been told that the account holder is dead? That could be criminal. Why, as executor, haven't you properly brought these thefts to the attention of the Commissioner or the Courts? That is your responsibility. Have you completed your Inventory timely and marshaled the assets, as required? With what will you be paying the debts, because if the estate's money is gone due to your incompetence, the debts -- and the due inheritance -- may become your personal responsibility.

You need a lawyer now. I don't know anyone who handles estate probate work where there are real assets pro bono. You must use the estate's assets to start with a legal consult and stop saving nickels so that you can wind up paying dollars out of your own pocket.

As an aside, whatever power of attorney the decedent had died when she did. If anyone is using it, they may be committing a crime.

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