Can my aunt (executor of estate) not let me get my share of my fathers estate money?

Question

Ok, so my father passed in march of 2006.
He had a buisness.
and 2 houses
he left an unsigned will so it wasnt valid
and my aunt became the executor of estate

anyways

the buisness was sold
and one of the houses is being sold

what I want to know is this.....
I found out that in the end the money from everything goes into an account called "the estate" ran by my aunt.....does this mean she can give money to my brother and sister and screw me over with nothing?


Also the buisness was sold without me signing anything, my aunt signed the purchase agreement, and by brother signed as a witnes is what I was told....does this sound right?

Answer 1

There was some kind of will otherwise your aunt could not hold that position.

Executor (or formerly executrix if female) is also a legal term referring to a person named by a maker of a will, or nominated by the testator, to carry out the directions of the will. Typically the executor is the person responsible for offering the will for probate, although it is not absolutely required that he or she do so. The executor's duties also include the disbursement of property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditor's claims. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax payments made, and in all ways assists the attorney for the estate. Also the executor makes all donations as left in bequests to charitable and other organizations as directed in the will. In most circumstances the executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. The executor also holds legal title to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will.

A person who deals with a deceased person's property without proper authority is known as an executor de son tort. Such a person's actions may subsequently be ratified by the lawful executors or administrators if the actions do not contradict the substantive provisions of the deceased's will or the rights of heirs at law.

Where there is no will, a person is said to have died intestate - "without testimony". As a result, there can be no actual 'testimony' to follow, and hence there can be no executor. If there is no will or where the executors named in a will do not wish to act, an administrator of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative.

See also: executorial trustee, estate, inheritance, literary executor

Retrieved from "http://en.wikipedia.org/wiki/Executor"

If you live in the States, every child is suppose to get something or sign off.

Answer 2

first of all you need a good attorney, since there was no will signed,then the estate has to be divided equally.. the execuator 0f the estate has to put aside all funds from the sale of any property,, the execuator can claim a reasonable amount for doing this work,,, once the sales are complete and the money in the bank , then the execuator must pay all outstanding debts owed by tour father,, secured debts comes first, then unsecured,, then what is left is diveded among the children ,,,in this case,,, provideing there is no wife...
by the way who approved your aunt to be the execuator ??
this sort of thing happens all the time when money is involed,,,,

this is why it is so important that you have a will in force, to spell out exactley what you want done..

good luck

Answer 3

First there is no account called the estate. The 'estate' is whatever your father owned when he died. Next, if your aunt was named executor (executrix?) of the estate, only her signature is required to dispose of the property of the estate. After any debts owed by your father are paid, whatever remains in the estate must be distributed to the legal heirs. Each state has its own rules for how to distribute an estate if no valid will exists. these are know as 'intestate' laws.

Answer 4

the aunt theoretically could give you nothing - but in absence of a valid will, I would guess that the assets would be liquidated, debt satisfied, and the remaining distributed to next of kin equally. To venture from that she would probably have to show that you are incabable of managing your own finances (ie. under 18, etc.)

Answer 5

We seem tohave alot in common @ themoment. It sounds like you need a lawyer so things will be transparent and clear to all sides so you can greive.