Executor Misconduct Legal Guidance

Summary

If an executor mismanages an estate, they can be held personally liable for any misuse of funds. Courts can compel them to repay the estate from personal assets. If they move out of state, they can still be required to attend court through a subpoena. Courts can also order the return of personal belongings and may provide compensation if items, like pets, are given away. Legal assistance is crucial to navigate these complex issues effectively.

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I tried to arrange getting my belongings to put them in storage but his wife stopped that process. He never gave me my belongings or my two dogs or my part of the estate. I don't know if my mom had a will but he did not probate anything and he put $*,* in my account when he put me out. But my home sold for over $*,* plus I paid for renovations on the home that he moved me into that he owned. I've got an attorney and the court is assigning a forensic accountant to investigate but I've heard he's moved to another state. If he moves will he still have to show up at court? Also can the judge make him give me my belongings and my dog's back even if he gave my dogs away? And will I get the rest of my portion of the estate? And if he doesn't have it anymore how will I get it?
I'm really sorry to hear about your situation. Here are some general points to consider:
- Court Appearance: If your brother has moved out of state, he can still be required to appear in court. The court can issue a subpoena to compel his attendance.
- Belongings and Dogs: The court can order him to return your belongings. If he gave your dogs away, the court might order compensation or other remedies.
- Estate Portion: If your brother mismanaged the estate, you may be entitled to your share. The court can order him to repay the estate, even if the assets are depleted.
Would you like more detailed guidance or to be connected to a local lawyer?
He became POA over me, not the estate.
It sounds like you are dealing with a very complex and difficult situation. Here are some general points to consider:
- Power of Attorney (POA): Your brother's role as your POA means he should act in your best interest. If he has not, you may need to challenge his actions legally.
- Court Orders: The court can compel him to return your belongings and may award compensation if your dogs were given away.
- Estate Issues: As he did not probate the estate, you might need legal assistance to ensure proper distribution of assets.
Would you like to be connected to local lawyers who can assist with these issues? They can provide more detailed guidance and help you navigate the legal process.
No its ok.
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Your situation involves complex legal matters around POA, estate distribution, and potential misconduct by your brother. It's crucial to have legal assistance to navigate these issues effectively.
If you reconsider, connecting with a local lawyer could significantly help in resolving these matters.
I have an attorney. Im just wondering if he moves out of TN will he still have to come to court
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If your brother moves out of Tennessee, he can still be required to attend court. The court can issue a subpoena, compelling him to appear. Your attorney will be able to guide you on the specific steps to ensure his attendance.
Do you have any other questions about your situation?
If he spent all the estate, how will he be made to pay me?
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If your brother has spent all the estate, the court may:
- Hold him personally liable for any mismanagement or misuse of funds.
- Order him to repay the misappropriated funds from his own personal assets.
Would you like to be connected to local lawyers who can better assist you with your case?