Executor of will has overstepped duties

[southpaw22]

Jurisdiction

Tennessee

My aunt was married to a man for 30 years. She and he both were widowed , both had their own homes and she had money that was hers and her first husbands before she remarried. Not sure what money if any that he may of had I know he had a 72 acre farm. He passed away May 27th and per his will that he had made a year earlier he left his wife my aunt nothing but a life's estate to live in their home until she passes away . She was in an assisted living facility as was he before he died. His nephew was named executor and took over planning his funeral and going thru their bank accounts and home at once. My aunt was not told that he died because she was in final stages of dementia. My cousin and I were her POA representatives. We told her a few weeks later and she died 9 days after that. The executor had his will in hand but went to all banks that they had accounts with to find out that their joint accounts were all going to her since he passed first. They had a safety deposit box in both names at one bank , I has already stopped by bank and told the President of the bank that he had passed and she was in assisted living and we would be taking care of her business so they would know . The executor goes to same bank a week later and wants to see safety deposit box and given access. He took items from the box and we don't know what he got and what was in there. Is this legal and if not what can be done ? Also her husband had an account in his name only that is considered a large estate per bank president. For some reason the executor has not made this account into an estate account to date and has told the lawyer handling will that my aunt got all the money thru joint accounts and feels that she should pay for his funeral which his lawyer has asked her estate to do. I know this is a long post and I'm sorry but want to get some thoughts on why someone would not divulge the primary bank account to the lawyer or family. Also as his wife of 30 years was she entitled to a portion of his estate ??.thanks in advance

 

[army judge]

I know this is a long post and I'm sorry but want to get some thoughts on why someone would not divulge the primary bank account to the lawyer or family. Also as his wife of 30 years was she entitled to a portion of his estate ??

The POA you both possess has no legal significance, insofar as any estate matters are concerned.

That means no one involved with the estate owes you or the other person any legal duty to reveal to you anything about the estate, or your relative's financial affairs.

If you wish to legally represent your aunt, who is afflicted with dementia, you or the other party will need to go to court and seek to be declared your relative's LEGAL GUARDIAN.

If you are appointed to be LEGAL GUARDIAN, you will be able to be her voice in all matters, financial, medical, and personal.

Otherwise, should anyone reveal any confidential matters to you, he r she would be in violation of their fiduciary duties to the estate.

If you wish to assume this duty, contact an attorney in or near your count and commission said attorney to go to court and have you declared your relative's legal guardian.

 

[southpaw22]

The POA you both possess has no legal significance, insofar as any estate matters are concerned.

That means no one involved with the estate owes you or the other person any legal duty to reveal to you anything about the estate, or your relative's financial affairs.

If you wish to legally represent your aunt, who is afflicted with dementia, you or the other party will need to go to court and seek to be declared your relative's LEGAL GUARDIAN.

If you are appointed to be LEGAL GUARDIAN, you will be able to be her voice in all matters, financial, medical, and personal.

Otherwise, should anyone reveal any confidential matters to you, he r she would be in violation of their fiduciary duties to the estate.

If you wish to assume this duty, contact an attorney in or near your count and commission said attorney to go to court and have you declared your relative's legal guardian.[/QU

I am co-executor of her will which is in probate now. My question is did the executor have the right to take items from a security box that was in her name before she died?

 

[army judge]

I have no way of answering your question about the alleged actions of the person you call "co-executor".

As suggested, you need to retain counsel to determine if anyone has misappropriated property.

 

[zddoodah]

His nephew was named executor

Named by a court or nominated in his will? There's a big difference.

The executor goes to same bank a week later and wants to see safety deposit box and given access. He took items from the box and we don't know what he got and what was in there. Is this legal and if not what can be done ?

Depends on the terms of the agreement with the bank regarding the box and on how you answer my question above.

Also her husband had an account in his name only that is considered a large estate per bank president.

Considered by whom? To say that a bank account "is considered a[n] . . . estate" makes no sense whatsoever.

For some reason the executor has not made this account into an estate account to date and has told the lawyer handling will that my aunt got all the money thru joint accounts and feels that she should pay for his funeral which his lawyer has asked her estate to do.

When you say that his lawyer "asked her estate" to pay, what exactly does that mean? Whom exactly did he ask? Has the court already appointed an executor for your aunt's estate?

I . . . want to get some thoughts on why someone would not divulge the primary bank account to the lawyer or family.

I have no idea what this might mean, and we obviously have no way of knowing anything about your uncle's son's motivations.

Also as his wife of 30 years was she entitled to a portion of his estate ?

As his wife (and regardless of the length of their marriage), she had the option of making an election against her husband's will. I don't know the specifics of what that would have gotten her. More importantly, since she didn't do that before she died, I don't know whether the executor of her estate can make the election (and, if so, how long he/she has to do that). Whoever is or has been appointed executor of her estate should retain legal counsel and discuss this.

 

[southpaw22]

Named by a court or nominated in his will? There's a big difference.



Depends on the terms of the agreement with the bank regarding the box and on how you answer my question above.



Considered by whom? To say that a bank account "is considered a[n] . . . estate" makes no sense whatsoever.



When you say that his lawyer "asked her estate" to pay, what exactly does that mean? Whom exactly did he ask? Has the court already appointed an executor for your aunt's estate?



I have no idea what this might mean, and we obviously have no way of knowing anything about your uncle's son's motivations.



As his wife (and regardless of the length of their marriage), she had the option of making an election against her husband's will. I don't know the specifics of what that would have gotten her. More importantly, since she didn't do that before she died, I don't know whether the executor of her estate can make the election (and, if so, how long he/she has to do that). Whoever is or has been appointed executor of her estate should retain legal counsel and discuss this.

His executor(nephew) was appointed in his will.
He (deceased) had an account of his own (not joint) that has been quoted by the bank as a large estate.Don't care how much he had no one is asking for anything but his family.
The Executor of his estate wants her estate to pay for his funeral "stating since she received the joint bank accounts" and he died first.
I know we have no right to his financial information but I know that the deceases owned 72 acres farm and a house and a separate checking account with enough money to pay for his funeral and still have money left over to divide between the 10 people in the will. So why ask her estate to pay ??

 

[ElleMD]

It is not at all unusual for the surviving spouse to pay the funeral expenses of the deceased. It is also not at all unusual for married couples to have their own bank accounts, especially when it is a second marriage or there were significant assets prior to the marriage.

 

[southpaw22]

It is not at all unusual for the surviving spouse to pay the funeral expenses of the deceased. It is also not at all unusual for married couples to have their own bank accounts, especially when it is a second marriage or there were significant assets prior to the marriage.

Thank you all for comments and help

 

[zddoodah]

His executor(nephew) was appointed in his will.

A will may nominate an executor. Only a court may appoint an executor. If the nephew has only been nominated in the will, then he is not actually the executor and has no authority as such.

So why ask her estate to pay?

No one here is in any position to speculate about the motivations of a person we don't know.