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Brother made executor and probably will steal from me

North Port, FL |

My brother was made legal executor of our mothers will. He is a shady charecter to put it nicely and we dont speak or even like each other. I dont trust him to give me my half of the inheritance or the sale of our moms house. If this happens, would there be a lengthy court battle? What all would happen?

Attorney Answers 3


  1. There are far too many details of your situation that would need to be known in order to even guess. And even then, the answer would depend on what your brother actually does or does not do and what he claims to have done.

    If there is any reason why you believe that he would not be fit to serve as Personal Representative, you should consider bringing those reasons to the Court at this time. This would require some evidence to show that it may be improper for him to be Personal Representative.

    As a beneficiary, you will be entitled to a full inventory and accounting of the assets in your mother's Estate. If there is anything amiss, you would have legal recourse at that point. At that point, you'll be in a better position to know if things were done properly.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


  2. If your mother was a Florida resident and your brother were appointed as the personal representative by the court, then he has a fiduciary duty to act in the best interests of all beneficiaries of the estate. That said, since probate can sometimes be confusing, some beneficiaries decide to retain an attorney to monitor the progress of a probate administration and provide counsel as to their rights as a beneficiary.

    If your brother has not yet opened a probate administration, then that is the first step and I would strongly recommend that you take steps to ensure it happens.

    I highly recommend at least an initial consultation with a local attorney in order to better understand the probate process and your rights therein.


  3. It is not clear from your question whether or not your mother is still alive. A person can be named as Personal Representative (Florida's term for executor) in a persons Will. Their actual appointment is made official by the Court upon the death of the testator. To be appointed by the court , the named Personal Representative must meet the qualifications established by FL statutes and the other beneficiaries consent to their appointment. To put it another way, there is nothing you can do, short of changing your mother's mind, until she passes away. After your mother passes away, your brother will need to file probate documents at which time you can object to his appointment as Personal Representative.

    Keep in mind that if your mother is deceased and your brother has been appointed by the court, he must follow the terms of the Will with regards to the distribution of the estate assets. If he is not or does not follow the terms of the Will, you can file court documents to have him removed as the Personal Representative. The courts do not tolerate inappropriate distributions of estate assets. To file an objection, I recommend hiring a local estate attorney.

    Hope this helps.

    This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. www.ferraezlucas.com The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at adam@yourlawpro.com or call my office should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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