Q: How do I prove an executor is stealing from the estate?
I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank withdrew the funds erroneously from estate account instead of the executors personal account. Also shows that executor made wire transfers from his account to the estate account for 2.3 million dollars but claimed they were deposit from Morgan Stanley account..did not list all accounts with probate Is this all legal ways of handling an estate or is executor stealing? How can I refuse the accounting provided by executor? will probate do a discovery on estate? This estate has been open with probate since 2019.
A: You need to file a Petition for Settlement of Accounts with the probate court. You probably should hire an attorney as these filings result in a complex hearing.
A: You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that the current executor is mishandling funds. The bottom line is that you have to take action to challenge these things. Schedule a free consultation to make sure that all of the details are covered and that the estate is handled appropriately.
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