Found an issue on this page? Let us know and we will look into it as soon as possible.
Is there any way to hold an executor of an estate accountable if he took items from the deceased and hid them
Anonymous4 views3 answers
my girlfriends brother took items from the house of her brother after he passed away and hid them and he will be the executor and hid them so there is no account of them and he can claim them without any assets being destributed to the other heirs. If she has pictures of her brother with the items can that be proof that he took them. What other ways can she deal with this because he has already said that those items don't exist. The other thing is there is no will, so does he have them over a barrel.
Matthew UnderwoodEstate Planning AttorneyMadison, WI ·
You can ask the probate court to demand an accounting from the executor of all actions he has taken. If the probate court finds the executor was stealing, the court will remove the executor and find a replacement. Your photo evidence may be considered by the court. The judge will weigh the photo evidence along with any other evidence when making the determination. You could also sue the executor in local civil court to recover the stolen property or for money damages.
However, you might want to start by informing the executor of his duties to manage the estate and distribute the property to the rightful heirs. You can also tell the executor that his actions are under scrutiny of the probate court and he will face penalties for failing to uphold his duties.
You (or an interested party) can file a petition to force the executor (administrator if there is no will) to file an accounting. Someone bringing this case has to decide if it is financially worth it to do so in a case only involving personal property or not much by way of assets.
