With regard to executor mismanagement/misconduct - what can happen if they are found guilty?

Question

The executor of my mother's estate (she died without a will) has comingled the estate funds with his personal accounts and not provided documentation/accounting of estate balances/payments. We have recently learned that some royalty checks have been cashed and pocketed (he says they were used to pay bills of the estate but the last bills were paid over a year and a half ago; these checks are from more recently than that). My sister and I have still not received any money from the estate, although we are sole beneficiaries on 2 accounts. We have hired an attorney but they seem to want to get it all settled and done with. We want to know what can happen to the executor for his misconduct? The attorney the executor has hired is trying to take the blame for most of it - the judge ruling on the probate has admonished them in court and threatened to remove the exeucutor but at this time that would seem pointless; she died in May of 2004? We are frustrated with the whole situation!

Answer 1

If your mother died without a will, then her Personal Representative was administrator, not an executor.

Administrators are normally required to post bond unless the estate is very small ("voluntary administration" in New York, for example).

You should see if you can claim against the administrator's bond. If there is no bond, you can get a judgment against the administrator.

But you haven't given enough facts.

The first thing to do is to file a request (motion) for an accounting.

Answer 2

An executor who violates their fiduciary duties can be removed form their position by the courts, and can be civilly liable for any damages that result from their misconduct.

If you want to pursue the latter, you need to consult with your own attorney.

Answer 3

An old long sentence