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Fiduciary Duty
Can I get in trouble for my wife's actions with her mother's estate?

Can I get in trouble for my wife's actions with her mother's estate?

Q: What is the title of a female executor?

The title of a female executor is simply 'executor.' While the term 'executrix' was historically used to refer to female executors, it is now largely considered outdated. The role involves managing the deceased's estate and ensuring that the terms of the will are fulfilled.

Q: Can I sue my father's estate?

Yes, you can sue your father's estate if you have a valid legal claim, such as a debt owed to you or a dispute regarding the will. The estate must be in probate for you to file a claim. It's advisable to consult with a legal professional to understand the process and ensure your rights are protected.

Full question:

Just curious.I have discovered that my wife, acting as the execute of her mother's estate, is taking money from the estate without informing her 3 brothers (ages 45, 39, and 35). Two of the brothers are married and one is an award to the state.My question is this, I discovered she has deposited this money (at least $15,000 recently) in an a joint account with my name it. Again, I have NOT concentrated to this or was even aware.Can I get in trouble?

Category: Fiduciary Duty
Date: 04/07/2025
State: Michigan

Answer:

It is possible that you could face a complaint due to the deposit in a joint account and/or your knowledge of the situation. Aiding and abetting involves assisting in the commission of a crime or being an accomplice without necessarily being present during the crime. If you did not share the intent to commit a crime, simply being present when it occurred does not make you an accomplice.

Fiduciaries, like your wife in this case, have two main duties: loyalty and care. The duty of loyalty requires fiduciaries to act solely in the interests of their clients, avoiding any conflicts of interest. The duty of care mandates that fiduciaries carry out their responsibilities competently and thoroughly.

If a breach of fiduciary duty occurs, the following elements must be proven: (1) a trust relationship exists where the plaintiff relies on the defendant, (2) the defendant breaches their duties, and (3) the plaintiff suffers damages. Defenses against such claims may include the statute of limitations, lack of a fiduciary relationship, or approval after full disclosure.

In Michigan, under Mich. Comp. Laws § 750.535, it is illegal to buy, receive, possess, conceal, or aid in the concealment of stolen or embezzled property if you know or should know it is stolen. Violating this law can result in felony charges, with penalties varying based on the value of the property involved.

Additionally, Mich. Comp. Laws § 750.174a prohibits obtaining or using a vulnerable adult's money through fraud or deceit. Penalties can range from misdemeanors to felonies, depending on the value involved.

Given the circumstances, it may be wise to consult with a legal professional to understand your potential liability and rights in this situation.

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.

FAQs

When a spouse dies what happens to the will?

When a spouse dies, the will typically goes through a legal process called probate. The court validates the will and ensures that the deceased's assets are distributed according to their wishes. If the deceased had a valid will, their estate is settled according to its terms. If there is no will, state laws dictate how the estate is divided among surviving relatives. It's important to consult with a legal professional to navigate this process effectively.

What is a female executor called?

A female executor is simply referred to as an executor, just like a male executor. The term 'executrix' was traditionally used to denote a female executor, but it is now largely outdated. Regardless of gender, the role involves managing the deceased's estate and ensuring that their wishes are carried out as specified in the will.

What is an executor of the estate female?

An executor of the estate, regardless of gender, is a person appointed to administer the estate of a deceased person. If the executor is female, she may be referred to as an executor or executrix, although the latter term is less common today. Her responsibilities include managing assets, paying debts, and distributing property according to the will.

Who is the executor of a will with the surviving spouse?

The executor of a will can be anyone chosen by the deceased, including the surviving spouse. If the spouse is named in the will as the executor, they will take on the responsibility of managing the estate. If no executor is named, the court may appoint someone, which could also be the surviving spouse, depending on the circumstances.