The Executor of an Estate is Stealing Money—What Now?

After a family member dies, an executor will need to be selected for handling his or her will. Executors are charged with carrying out a plethora of legal functions for the deceased, including settling taxes and debts, selling property, bringing lawsuits to be filed or reviewing medical records where necessary, and distributing assets to their named beneficiaries.

With all of these important responsibilities, there’s a substantial amount of power in the executor’s hands. Unfortunately, estate executors sometimes take advantage of this power and can steal from the inheritance they’re hired to handle.

If your executor is failing to keep you regularly updated or is keeping sporadic or insufficient documentation, these may be possible signs that the executor is stealing. Act quickly and follow these steps if you’re suspicious that your estate executor is stealing from your inheritance.

Know Your Rights

As a beneficiary, you need to be aware of your rights when it comes to your inheritance and dealing with your estate executor. Every state has laws in place to define the rights of beneficiaries. Knowing your rights will help you hold your estate executor accountable and ensure that you are not being stolen from.

Beneficiaries have the right to view the original will of the deceased, to request documentation and information from the estate executor pertaining to the assets of the estate, and to receive notification of any probate court actions. Proper documentation from the estate executor should include asset sales contracts, an inventory of property, and value appraisals.

You can also request that the executor be prohibited from taking any more funds from the estate, prohibited from using any assets they have already misappropriated, as well as request their removal.

Finally, based on your claim of theft by the estate executor, you have the right to file a lawsuit against the party in question.

If You’re Suspicious, Take Immediate Action

There are state laws in place that set a certain time limit, during which beneficiaries can take legal action against their estate executor. Civil lawsuits take time, so it’s important for you to file them quickly and be able to appear before the court to formally request an injunction. This can minimize the damage an estate executor can do while your case is still being decided—but the more time that passes, the less likely you, as the beneficiary, are able to recover any stolen assets of the estate.

In addition to the formal requests you can make against the estate executor, you can also request that the probate court implement further restrictions against the estate. A court can order that the financial institution in charge of the account place holds on the estate and limit withdrawals to only those that have a court order. You can also order the executor to move the funds into a restricted account and document this action.

Seek Legal Help

Besides stealing, an estate executor could—among other misconducts—be unfairly favoring beneficiaries, failing to notify beneficiaries of their right to receive, or managing the assets of the estate poorly. Sometimes, if there is a sufficient body of proof, criminal charges are necessary in addition to civil charges. It’s important for you to have the legal help you need to protect your inheritance.

Don’t walk this path alone. If you’re suspicious of your estate executor for any misconduct, you need to hire a professional estate attorney. Hold your estate executor accountable and contact Kristin Waters Sullivan today to let us help you navigate this challenging process. Your case matters, and we're here to fight for you.