Fuditiary Duty Misrepresentation

[gumbyrose]

I would like to know, can a child of a deceased parent, file fraud for non-fulfillment of a fudiciary duty as Executrix. My mother had a draft Will. Unfortunately, she passed before the attorney could provid her the final Will. The Will placed my aunt as Executrix. The aunt did not fulfill her fudiciary duty to sell my mother's home and to provide the beneficiaries their share from the sale of the house. The aunt took the house for herself. She is currently living in the house. Can she be sued for not fulfilling her fiduciary duties?

 

[army judge]

I would like to know, can a child of a deceased parent, file fraud for non-fulfillment of a fudiciary duty as Executrix. My mother had a draft Will. Unfortunately, she passed before the attorney could provid her the final Will. The Will placed my aunt as Executrix. The aunt did not fulfill her fudiciary duty to sell my mother's home and to provide the beneficiaries their share from the sale of the house. The aunt took the house for herself. She is currently living in the house. Can she be sued for not fulfilling her fiduciary duties?

If the will was only a draft, there was no will.
Your mother dies intestate.
The laws of intestacy in DC would then apply.
That presumes mom owned the home alone, and no one was on the deed with her.
If there were others on the deed, perhaps your aunt, then rights of survivorship might apply.

Here, these sites explain intestacy in DC:

http://counsel.cua.edu/dclaw/intestacy/Descent.cfm

As far as any claim of fraud, you might want to discuss this with a DC licensed attorney.
Your situation is far too complex to be addressed via a few internet posts.

http://www.lanchesterlaw.com/estate-planning-questions/washington-dc-intestacy-laws

 

[gumbyrose]

Mother's sister isn't the next of kin. Mother had two children. Mother's children would be the next of kin. Both children are still alive. I'll research the laws concerning fudiciary duty and executrix. Thank you.

 

[army judge]

Mother's sister isn't the next of kin. Mother had two children. Mother's children would be the next of kin. Both children are still alive. I'll research the laws concerning fudiciary duty and executrix. Thank you.

True, no spouse, surviving children take all.

The issue is the house.
Was there a mortgage on the house?
If so, lien holder must be paid. Hose could be sold, lien holder paid off, children receive any remainder.

If, however, there were others on the deed, that becomes an issue.

If the will was valid, anyone could be named to administer the estate.

Before any heir gets a dime, the debts of the deceased must be paid.

 

[gumbyrose]

According to the state property assessment website, mother had taken out a second loan to buy out dad. Both parents divorced sometime in the mid to late 1980s. Mother retired soon thereafter. So, I know she was working temp jobs to make ends. Loan was still on house after death.

 

[army judge]

According to the state property assessment website, mother had taken out a second loan to buy out dad. Both parents divorced sometime in the mid to late 1980s. Mother retired soon thereafter. So, I know she was working temp jobs to make ends. Loan was still on house after death.

If there is a mortgage, you now need to endeavor to discover what the house is worth, and how much remains on the mortgage.

If the house is worth $150,000, and the mortgage is $50,000, there is about 100K in equity in the home, using my example.

Why don't you and the other sibling meet with your aunt to discuss the matter?