I am 1 of 4 siblings. The oldest was appointed executor because of birth order only. After both parents passed recently, the estate checking account was put in all 4 names. Because of suspicions 2 of use had we researched back 2 years. We discovered many checks written by the executor for cash without explanation and checks written to support her son. Although my father was still alive, he did not sign any of the checks. We understood she was only signing checks for bills and expenses for the estate. Also, my father was on dimensia meds. As executor does she have the right to use the money without explanation to the rest of us? And does she have the power to make decision on her own regarding renting, selling, assests? The will states everything divided evenly.
This can be a very complex problem.
If she used funds while your parents were alive, none of you can complain.
She wasn't an executor while your parent(s) were alive.
She was an authorized signer on the account.
If she has misused funds subsequent to your parents deaths, and after being appointed executrix (as a female, she can't be an executor); you'll have to prove it.
To do that, you'll have to motion the probate, equity, or chancery court (whichever is used in your jurisdiction); to audit the account(s).
I suggest the THREE siblings (that feel a problem has occurred or is occurring), meet with an estate/trusts lawyer.
To determine if there has been a problem is very complex, and is bets done with a lawyer.
Depending on the size of the estate, most estate lawyers will take the case on contingency and get paid out of the estate.
Good luck.
