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Posted on Friday, July 24th, 2015 by Peter Klenk

From our “Ask a Question” mailbag: My stepfather died about a year ago and left me a very nice truck in his will. The executor stopped taking my calls about when I would get the truck. I just found out he used the truck to haul his boat on a recent fishing vacation. How do I get the executor to give me my inheritance?

Just when I think I’ve heard it all about bad executors, you give me a story of an executor who drives estate assets on his own fishing trip.

As an heir, you have the right to force the executor to account for all actions he took as executor (like driving estate property on a private vacation) and for a Schedule of Distribution. The Schedule of Distribution is the executor’s explanation of when you will receive your inheritance. In that process you can also ask that the executor be “surcharged” for bad acts.

Driving estate property for his personal vacation is a bad act, which has reduced the value of your inheritance. You could certainly ask for the executor to pay you for each mile driving and for the reduction of value to the vehicle. My firm would be happy to represent you, and I would really like to hear the executor’s explanation.

If you have any other questions about Probate, feel free to contact our office for a free consultation.

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