QLD Executor Spent Deceased's Money Before She Had Passed

[Tamara]

ok update to my above situation. I hired a lawyer to send a letter to the executor to give up accounts to my mums estate. she refused to sign for the letters and is ignoring us and this situation. i am worried she is going to get away with this.

 

[Sarah J]

Hi Tamara,
By "she", do you mean the executor refused to sign for release of accounts?

If so, you can apply to the court to order the executor (or her lawyer/accountant/bank) to release a copy of the accounts. Call up the Supreme Court of QLD (click + next to Brisbane Supreme Court) to enquire about how to do this (or ask your lawyer).

 

[poliannsa65]

This is a heartbreaking and infuriating situation. It sounds like this "friend" has seriously breached her duties as both power of attorney and executor. As SamanthaJay pointed out, your aunt, as the co-executor, has the authority to demand an accounting and to take action against the other executor for misappropriating estate funds. The fact that she spent money without the co-executor's approval is a major red flag. It's wise to try and get a full accounting from her first, but if she refuses or the explanations are unsatisfactory, then engaging a lawyer—preferably one in WA where the probate was granted—is the right next step. The six-year limitation period applies, but it's best to act soon. For a break from this stress, you might want to check out Crash Casino - Online Play Guide for Real Money