Executor Misconduct Consequences

Summary

The user is dealing with a situation where the co-executor of an estate, her sister, has allegedly lied, stolen, and dispersed funds without probate court permission. The user is seeking advice on the potential legal consequences for such actions. The user is also dealing with an outstanding tax bill related to the estate. The user has consulted with a probate attorney in the past, but the attorney has since withdrawn from the case. The user is planning to file forms for the closing of the estate and for disagreeing with the administration of the estate. The probate process is being handled by the Maricopa County Probate Court in Arizona.

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CO executor is lieing, stealing, and dispersed funds w/ out probate court permission. What should be the consequence?
What evidence do you have of these actions? In general, executors who violate their fiduciary duties may face removal, restitution, or even criminal charges.
All the items were removed from the deceased house and kept by them. The things they claim they paid for we're paid for by other people I have witnesses and statements statements
What is your relationship to the deceased and do you have a copy of the will?

In general:
- Executors have a fiduciary duty to act in the best interest of the estate.
- Misconduct can lead to removal, restitution, or criminal charges.
There's no will and she's the youngest daughter and I'm the oldest daughter
What state are you in? The rules for intestate succession (when there's no will) vary by state.
Arizona
What steps have you taken so far to address this issue?

In Arizona, if there's no will, assets are divided equally among the children. Misconduct by an executor can lead to legal consequences.
None at this point was going to turn in the final report for the estate and my complaint against the administration because there is still an outstanding tax bill and she is trying to have me removed now that I've completed everything and she has the last $*,*.
What is the nature of the outstanding tax bill? Is it related to the estate or personal taxes of the deceased?
It was his employment taxes $*,* but I was waiting for the IRS to get back
Have you received any communication from the IRS regarding this outstanding tax bill? In general, it's important to settle any tax liabilities before distributing the estate's assets.
Just that it's owed.
Have you consulted with a probate attorney regarding this matter? In general, they can help you understand your rights and responsibilities, and guide you through the probate process.
Right after she took the $*,*.
Did she take the $*,* before or after you consulted with the probate attorney?
While we had the probate attorney. Jack of our hours and I'm being paid for what we did
What did the probate attorney advise you to do when you informed them about the $*,* taken by your sister?
Send it you have to do with your bills left and she dispersed it to $* telling the judge I dont get any . Cuz I got paid for putting in hours and exp. She had a few hours too.
What was the judge's response when your sister dispersed the funds to $* and claimed you shouldn't get any because you were paid for your hours?
The judge asked her if she thought she got to disperse text fun
What was the judge's response after asking her if she thought she got to disperse the funds?
Nothing because you were in court on that we were in court on we're trying to remove me as coat jacket I'm assuming that's what we'll deal with tomorrow or
What is the outcome you're hoping for from the court hearing tomorrow?
Well I hope to start closing it out have her have to pay the $*,* tax bill out of that $*,* and then get the numbers all correct and have more money go to the other beneficiary and have her accountable for the stuff that she took taking out of her funds also cuz she got a car too.
What is the value of the car and other items she took from the estate?
I said roughly *,* * to *,*
What is the make, model, and year of the car she took from the estate?
I'm not even sure it is a Kia. Basically I want the other beneficiary he should get like another * to *,*. And her and I should maybe each get five. Cuz we got life insurance and other things and we did get paid in I just rather my brother got more cuz he didn't get anything.
What is the total value of the estate, including the life insurance and other assets?
*,*
What is the total amount of life insurance and who are the beneficiaries?
My sister and I both work and we each got *,*
What was the reason given by your sister for dispersing the funds without court permission?
Because she plans to keep the rest of the money she gave him the * my brother's * and she planned to keep the rest of the *,*
What steps did your probate attorney advise you to take when your sister dispersed the funds without court permission?
He was no longer the attorney by the time she did that she waited about a month or so after he withdrew
Why did your probate attorney withdraw from the case?
Because I pretty much finished everything except for taxes and it was just my sister being difficult about disbursement and amounts and arguing. She also tried saying we were only selling the car in the house and nothing else and that's why he took everything out of the house because she was only allowing to sell the car in the house and I guess she makes all the decisions.
What steps are you planning to take now that your probate attorney has withdrawn from the case?
Fill out the form for closing of the estate and one for disagreeing with the administration of the estate.
What is the name of the probate court handling your case?
Maricopa county Arizona
What is the current status of the probate process in Maricopa County Probate Court?

Maricopa County Probate Court contact details:
- Address: * W Jefferson St, Phoenix, AZ *, United States
- Phone: +* *-*-*
Can I file electronically those forms in public court?
Which state are you located in? The rules for electronic filing vary by state and court.
Arizona
Yes, Arizona allows electronic filing in its public courts. You can access the eFiling system through the Arizona Judicial Branch website.