My Mother died April 2013 and my brother (who is addicted to drugs) was named as executor
of my mother’s Trust, which consist of a home that is free and clear and Bond with Edward Jones (the Edward Jones accounts were available to be distributed November 1, 2013.) My brother has refused to settle the estate and has taken several thousand dollars out for his own use.
He also stated that he is friends with the D.A. so they won’t prosecute him. (I did speak with a man in the D.A. Office who told me that “If he is stringing this along for his own profits, his conduct is criminal.” Just to confirm this I spoke with a local prominent criminal Attorney who concurred with this opinion.
Please note that if your Mother had a trust, then your brother is the trustee and there is no need to go through probate.
If it is a will, then your brother is the executor and he should probate the will.
If your brother is not performing his fiduciary duty as either trustee or executor you can file a petition with the court to compel him to act or to remove him if he is not performing his duties or incapable due to his alleged drug addiction.
A word to the wise: it is not recommended that you specifically name people on a public website and make accusations - as it may lead to legal liability.
It is recommended that you consult with an attorney to assist you in the matter of your Mom's estate.
AVVO has attorney referrals.
How your mother's assets should be handled following her death is based on what the trust says, and whether or not a probate needs to be filed. You REALLY need to meet with a local attorney to determine what, if anything, can be done regarding your mother's assets. The language of the trust controls. If your brother is not handling the trust assets as required in the trust, you may be able to salvage some the assets if you move quickly enough. Good luck, Diane
Be sure to designate "best answer." Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 27 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
You should retain counsel to review the documents and see if there is a way to replace your brother and move things along.
I agree with my colleagues about the need to investigate the administration of your mother's trust or probate estate.
I want to add that your statements about your brother and his attorney are serious accusations. If you cannot prove them, they are libelous and they can sue you and recover substantial damages. I suggest your refrain from repeating them until you have consulted an attorney.
Please be sure and mark the best answer. If you wish more information on this matter you can email me at [email protected] or call me at 503 345 0652. Thank you! hope this helps. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.
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