Full question:
I am a beneficiary of an Estate that final distribution was in 2007. I signed paperwork in early 2006 saying I wouldn't go after the co-Executors. Only my Sister and her husband actually handled the estate which had to be well over 2 million. We got no accounting. Several properties were sold, 2 sales of belongings. It is obvious there was some thievery by what transpired at the end and since that time. At the time she had us sign it seemed a little odd since there was still quite a bit before the estate could be closed. The brother-in-law has taken things he has no right to and my Sister will not say a word against it. Do I have any recourse? The Idaho statutes I found said you can go back 5 years if you did not get an accounting. Another factor is they are the only ones who had the keys to the home and a gigantic shop full of tools, snow mobiles, boats, etc. etc. very valuable stuff. There is no doubt he helped himself to whatever for there was months prior to the sales. What can be done? hope you can help on this because we did a business deal with them and lost 200k, more money than I've ever had before; it's obvious illegal activities were involved with that venture.
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: Montana
Answer:
If you suspect that an executor has misused their authority or failed to fulfill their duties, you have the right to file a claim in probate court. Executors are obligated to keep beneficiaries informed and to provide an inventory of estate assets.
According to Idaho law, specifically the Uniform Probate Code, personal representatives must:
- Notify heirs and devisees of their appointment within thirty days (Idaho Code § 15-3-705).
- Prepare and send an inventory of estate property within three months (Idaho Code § 15-3-706).
If these duties are breached, the executor may be liable for any resulting damages (Idaho Code § 15-3-712). Additionally, transactions involving a conflict of interest may be voidable unless properly disclosed or court-approved (Idaho Code § 15-3-713).
Given your situation, it is advisable to consult with a local attorney who can assess the specifics of your case and guide you on how to proceed against the executors, even considering any paperwork you signed earlier.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.