Legal Question in Wills and Trusts in Idaho
Rights of Heirs in a Probated Estate ?
As being a heir of my Father's estate I am concered of the activities of the co-personal representatives. To my understanding of Idaho's probate codes, the Reps. are required to submit a list / inventory of the estate. Currently that list has not been furnished to myself or the State's tax commision and the representatives are liquidating my Father's exotic automobile collection prior to submitting the inventory / list. Their intent is to generate funds for spousal allowances / debts against the estate. Currently the probate is in informal proceedings, but I see this required list as a "safety-net" to prevent fraud during the probate.
Question: Is it appropiate for me to contact the Probate Judge assigned to the case and inform him of these activities ? How do I do this ? ( i.e. Letter to Court /Judge ?, a Hearing, ?)
Question: What rights do I have as being a heir to prevent the Reps. from questionable activities ?
1 Answer from Attorneys
Re: Rights of Heirs in a Probated Estate ?
First, you would be wise to consult with an attorney of your choosing for help on this matter.
In general, you do have a right to be protected. However, it would be highly improper for you to just go to the Judge. The proper way is through a motion.
The personal representatives have a duty to protect the assets of the estate. They also have a duty to pay the bills of the estate. If they are selling the cars, they must do so in a commercially reasonable manner (no self-dealing, getting a fair price, etc.). If the PR's are acting improperly, they can be removed and a different PR put in their place.
Hope this helps. Good luck.
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