Brother made executor and probably will steal from me

Asked over 1 year ago - 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. Marcos P Martinez

    Contributor Level 13

    3

    Lawyers agree

    1

    Answered . 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... more
  2. Steven W. Ledbetter

    Pro

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . 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. Adam Troy Rauman

    Pro

    Contributor Level 14

    3

    Lawyers agree

    1

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,513 answers this week

2,730 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,513 answers this week

2,730 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary