We had an estate acct with a very large, well-known securities company while going through probate. The three executors had to sign every payment made from these accounts. Acccording to their "legal department" we couldn't even get any of our own money without jumping through hoops. We have discovered that $10,000 has been taken from the account (from money market and sale of stocks) and sent to our attorney as partial payment of fees. Without our knowledge, without our approval and without our signature. When confronted, they cowered like a whipped dog. Do we have a case?! BTW, the attorney and the broker-in-charge are good friends.
2007-03-06 02:11:43 · 5 answers · asked by Nik 4 in Politics & Government ➔ Law & Ethics
You need to contact an attorney outside of this group of "friends" in order to get an answer that is legally based for your own circumstances.
There definitely sounds like there is something not quite right about this situation, especially if they cowered when confronted, and could not give you a satisfactory explanation.
This situation screams for that old adage of "Never mix friends and money, you can lose both."
Good luck to you, this will be an expensive lesson not only in dollars.
2007-03-06 02:19:24 · answer #1 · answered by Sue F 7 · 1⤊ 0⤋
You would have to prove bad faith on the part of the executors. To be sure, the executors do not need the approval of the beneficiaries to make payments.
If you feel that the payment was not warrented, then you can hire an outside auditor. But that may cost you a lot more than $10,000, and is most likely not recoverable.
2007-03-06 10:26:22 · answer #2 · answered by Chief BaggageSmasher 7 · 0⤊ 0⤋
I am not a lawyer but it sure sounds like you do......are you sure the $ went to the attorney and not to pay taxes that we due because fo the sale.........they can't just decide to take you r money without your authorization...they probably either thought you wouldn't notice or hoped you wouln't or thought the "friendship" would make it okay.....you also should have received a detailed billing of what hours etc. were spent to justifty this payment........I think your "friends" sound less like friends and more like thieves!!!
2007-03-06 10:19:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
YOU BETTER GET ANOTHER ATTY. TO CHECK INTO THIS. FIND AN ESTATE ATTY. REPORT IT TO THE COURTS HAVE AN INDEPENDENT AUDITOR AUDIT THE ESTATE.
2007-03-06 10:20:44 · answer #4 · answered by strike_eagle29 6 · 1⤊ 0⤋
No
2007-03-06 10:14:54 · answer #5 · answered by JHE123 2 · 0⤊ 1⤋