Q: What could happen to an executor of an intestate succession spends some the money he is entitled to before it settled.
It's been 3 yrs since my brother died, without a will. His widow is executor of his estate.($82,000) we made it to discovery and my lawyer was disbarred, i know from discovery she is entitled to $60,000 from the estate, but I just found out there is only $40,000 in succession account. What does the law say about the missing money, and what can I do to ensure the final distribution is handled correctly.
Thank you,
Andy
A: Lots of variables here. Not sure why an estate is still open 3 years, when the value appears relatively modest. Successions - unless contested - should not have to reach a "discovery" stage. Also, if your brother passed without a Will, then his estate should go to his heirs, either his children, or next in line, the surviving spouse, if the property at issue is community. If your brother had separate property, that goes first to children and if no children, then siblings. All of these issues need to be addressed with new counsel well versed in probate.
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