I am executor, full authorization, deceased dads estate. Found out our attorney is only one authorized on estate bank account. Trying to pay estate debts for past 5 weeks, still waiting for him to help me out here. Stocks, bonds & bank accounts that we have closed isn't being put into the estate account. He says that the financial advisor has it who says our attorney has it.
He took control of everything, mail, accounts, & has hired people on the side without discussing it with me. I don't know what to do.
I'd love to let him go & finish this myself.
You are the executor, not the attorney. the letters testamentary, or in your case, letters of administration appoint you, not the attorney. I suggest you move quickly to get control back, even if you need to replace the attorney.
No this is not normal but if there are other heirs or beneficiaries, I don't recommend under these circumstances you to to finish this yourself. You definitely need to let him go however and you end to get access to those accounts before you do which may require another attorney going in ex-parte and getting the court to authorize the bank to release the funds to you without notice to the attorney. If the attorney is acting in bad faith, firing him first could cause him to take what is there and you will have to chase him to get it back.
Robert Lawrence CohenProbate AttorneyBuena Park, CA ·
In these cases, you should be receiving copies of the statements or have visual access to the accounts. If not request them to make certain that the money and accounts are there. As for the expenses of the estate, it can get tricky as to what amounts are truly estate administration costs and what are the individual executor’s normal living expenses. Burial expenses are absolutely reimbursable. Call your attorney as I am certain you can figure it out with communication.
The only times the attorney should be on the account is when the bonding company requires dual control and two signatures on all checks (the executor cannot qualify for a bond on their own.) or when the original executor dies and the attorney knows the case and can finish it more quickly than a new person could.
