Legal Question in Wills and Trusts in Massachusetts

Executor Misusing Estate Funds

If someone named in a will believes the executor of that will is ''skimming'' funds out of the estate for their own use and benefit, do they have the right to demand to see bank statements and the like to determine the situation. If not, what is their recourse and how would one go about getting an attorney involved.


Asked on 8/30/06, 1:19 pm

3 Answers from Attorneys

Re: Executor Misusing Estate Funds

If an executor is misusing funds, this can be detected through the accounting required to be provided to the court. If you wish assistance or representation in this matter, please contact my office. 978.250.4255

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Answered on 8/30/06, 1:23 pm

Re: Executor Misusing Estate Funds

An executor is required to make a formal accounting to the Probate Court and as such skimming funds can be detected. Please feel free to contact me, if you have more questions.

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Answered on 8/30/06, 2:02 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Executor Misusing Estate Funds

I disagree. The accounting may or may not show the skimming. First, you have to focus on what account you suspect is being drained or skimmed. This may not show up on the accounting. A talented person can hide this skimming. You have to compare the bills, assets and other debts to the net balance. This may require an accountant. There may be other ways to skim that require a close examination. At the same time, this is the internet, and you need to be somewhat careful about what facts you place.

If you wish to discuss this in detail, and tell me how you suspect this skimming is occurring, and what make you think it is skimming, contact me at my office at or if you have any further questions, or need assistance.

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Answered on 8/30/06, 2:19 pm


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