Legal Question in Wills and Trusts in North Carolina
Rights of co-executor
I am a co-executor of my mothers estate. The other co-executor is my sister. She removed the estate funds from one account to another without my knowledge and started writing checks from the account and depleted the funds. How can an account for this type of estate be set up with only one executors signature. We are now having to write estate expenses through our personal account. What should I do or do I have any recourse? Thanks!
1 Answer from Attorneys
Re: Rights of co-executor
If your were indeed appointed by the court as a co-executor, the letters of administration should have been issued in both names and the bank should not have released the funds to only one co-executor. In addition, if your sister wrongly depleted the funds, you can file an action against her and ask the court to declare a constructive trust for the benefit of the appropriate beneficiaries, or obtain some other relief. If she acted against her duties as an executor, you can also ask the court to remove her as co-executor. Finally, any legitimate expense should be reimbursed from the estate, provided there are sufficient funds...
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