QUESTION

My dad died in Minnesota in August 2014. My younger brother is executor, and seems fraudulent. What can I do?

Asked on Jan 13th, 2016 on Estate Litigation - California
More details to this question:
My dad's estate was a large one, and he was a Florida resident for tax purposes, but died in Minnesota, in his "summer" home. My younger brother, as executor, lives in California (as do I) and inherited the lion's share, more than my older brother and I combined. He is paying himself $150/hr to deal with "estate issues" and flying himself first class between CA and MN, at $1000/pop. He is currently sitting on a huge chunk of cash, which should be distributed among the 3 of us siblings. But he claims he's hanging onto it in case the IRS decides my dad's personal and estate tax returns were done incorrectly and we have to pay more taxes. However, this gives my brother unlimited, ongoing access to the cash. It's been over a year since my dad died; seems like we should be done by now? Please advise - what can I do to force my brother to distribute the remaining cash? I'd also like to possibly sue him for recovery of the fees he's paid himself if they're excessive or fraudulent. Thank you!
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Is this is probate or was there a trust?  In any case, you should be receiving at least an annual accounting of the assets and expenses of the estate.  The executor is a fiduciary for all of the beneficiaries and is required to act in your best interests.  If he doesn't, then he is in breach of his fiduciary duties.  There are petitions you can file to require an accounting and to determine whether the executor has breached his fiduciary duties to the beneficiaries.  Call or email an attorney for a full consultation.
Answered on Jan 23rd, 2016 at 10:15 PM

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