If a beneficiuary refuses to sign the final accounting for an estate then does it go in front of the probate judge?

Lotta

How does one sue the executor for failing to handle the estate properly?

Does the probate judge handle this?

excon

Hello Lotta:

One hires an attorney. If you're a party to the proceedings, the judge won't talk to you.

excon

PS> You also should start your own thread. You'll get more action that way. Maybe it'll be moved by a moderator.

JudyKayTee

I don't understand the original question - the holder of the mortgage doesn't have to file a lien. The loan stands, to be paid by the estate, as a debt of the decedent. The fact that a person dies does not retire/end the debt.

Anyway - if the executor (and I believe it's your husband) handles the estate improperly in my area you have to first file a complaint with the probate court and then proceed from there.

excon

Hello again, Lotta:

You're going to have to go into more detail than that. These decisions are not made out of context.

Signing an accounting has no legal meaning. I dunno what that means. Do you think it means that if you sign it, you AGREE with it??????

Let me say it again, Lotta. If you think you're being cheated, or if you think somebody is acting unfairly, or if there is a large estate under consideration, you need a lawyer to represent you. You can't do it yourself. Once you're cheated and the money is gone there ain't much you can do about it THEN. There might be something you can do about it NOW.

excon

ScottGem

First its not a good idea to piggyback your question on someone elses. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread. I've also merged your threads for continuity. Please reply to this thread for any followup.

As noted you can start with a complaint with the probate court. If that doesn't do anything get a lawyer and sue.

I also agree with excon here in that we need more info. If a beneficiary refuse to accept the final accounting, then it might be necessary to get a probate judge to approve it. But without knowing what's really going on here, its hard to advise.

oneguyinohio

I believe it would after a point. Disagreements can be resolved in a variety of ways such as mediation or lawsuits that would delay the process. Eventually a lawsuit would settle the disagreement.

There is also a statute of limitations for which lawsuits or objections can be filed. Once that is past, the probate judge would oversee the process.

Having the papers signed is generally believed to speed up the process through indication that there are no disputes. Not signing might delay the process but will not stop in permanently.

Lotta

There is money not showing up in the final accounting for an estate.
The attorney and executor wants the beneficuary to sign the final accounting but the beneficiuary will not sign it until all monies are accouted for.

Will this go in front of a probate judge to force the attorney and executor to show were the money went?

ScottGem

First, was the will and estate probated? Second, how does the beneficiary know money hasn't been accounted for? Third, what is the executor's explanation?

Lotta

1) I believe that the will was probated. How would one find out?

2) The records showing the money coming in/going out has many errors and the numbers do not correspond.

3)The attorney and executor will not answer the beneficuaries questions pertaining to the "lost" money.



Will the attorney and executor have to answer the flawed accounting questions before the probate judge?

The paperwork indicates that the executor is "bonded". What does that mean?