What can I do about my brother, the executor of mom's will, refusing to distribute the proceeds from sale of home to us?

Question

My brother took all of my mom's jewelry and all of her collectibles, such as NASCAR items, Harley Davidson items, porcelain plate collections, etc. The will states 25% to him, 25% to me and 12.5% to each of the four grandchildren. The sale of the home is pending and I requested that my children's and my percentage be given directly to us because we do not believe that he will distribute the profits from the sale of the home properly due to his past actions. He has sent very nasty messages using a lot of profanity, calling me names and telling me to rot in hell.

Jeffrey Strickland · Answer

You need to discuss the issues with the estate's attorney. And you need to speak to counsel to protect your inheritance.

Erven Nelson · Answer

You need to get a good probate lawyer to fight for you.  I would also recommend filing a lawsuit and recording a Lis Pendens on the house to tie it up.

James Weiner · Answer

File a motion in the PROBATE Court action to challenge your brothers actions as executor and see if you can replace him as personal representative of the estate.

Edwin K. Niles · Answer

You should contact his lawyer.  You might need to get your own.

Christine James · Answer

Stop spending time on a site like this and see an attorney asap.  You might want to get a court order holding the proceeds from the sale if you have evidence of wrongdoing already but you need to act fast and you need the help of an attorney.

Norman Green · Answer

Demand an accounting.  Petition for removing him as executor.  Sue for the value of the stolen items.  Hire a lawyer.  By the way, you have no right to get sale proceed directly from the escrow.

Mark T. Peters · Answer

Hire an attorney and intervene in the case.  You may have a basis for having him removed as the personal representative.  For what it is worth, if the notice to creditors was published, he can legitimately wait until 4 months after the publication to distribute funds because he is obliged to pay estate debts first.

Brian Haggerty · Answer

Petition the court to remove him as personal representative.

Georges Shers · Answer

In order to transfer title to the house, the Will must be probated.  A sale can not be really pending because as executor your brother has no ability to transfer title.  The role of an executor is very limited; it is the personal representative or administrator of the Will, who is appointed by the court, who has the power to ask the court for permission to sell large items. File for probate, attaching a copy of the Will and stating where the original is; then ask the court that a more neutral person be appointed, including possibly yourself. The court will likely appoint a third party which can be expensive.  Read up on the process by looking at books written for lay people, such as the Nolo Press publications.

James Oberholtzer · Answer

You can go to court and have him removed as executor.  You cannot have the funds paid directly to you because the creditors of the estate get paid first.

Frances An · Answer

You need to make sure that the will is lodged with the court.  You need to take a copy of the will to the escrow company, and ask that the proceeds be divided according to the will.  You may need to file a motion with the probate court.

Jayne Sebby · Answer

An executor should not distribute any proceeds from an estate until all of the bills and taxes have been paid and the estate is ready to be closed.  He or she has to file a final accounting of the estate with the probate court and get its approval for his actions.  If you believe he is mishandling his duties, file a complaint with the probate court and ask for a hearing on the matter.  You will need to provide evidence of his action or inaction that you object to.

Victor Waid · Answer

Obtain the services of a probate litigation lawyer immediately to assist you in bringing your brother into line with the court who can order him to distribute the sale proceeds.

John Brennan · Answer

There must be, or should be a probate estate which your brother has a fiduciary duty to.  See an attorney and compel an accounting.

Randall Romei · Answer

At the time the estate was opened and your brother was appointed as executor you would have received notice of the administration of the estate and your right to terminate independent administration thereby converting the estate into a supervised estate.  You can then involve the judge directly in requiring the executor to perform his duties, including filing an inventory, preparing an accounting and distributing assets in accord with the terms of the will.

James Frederick · Answer

It sounds like you need to have an attorney deal with your brother. Your brother should also be working with an attorney because it sounds like he is breaching his fiduciary duties, which could leave him open to personal liability. If he has converted the assets to his own use, he could be liable for triple damages.

Don Rosenberg · Answer

You need to get an attorney to compel your brother to comply with his fiduciary responsibilities.

Dara J. Goldsmith · Answer

He probably needs to do an accounting through the probate court.  I suggest speaking to an attorney in the community where your mother resided and having the attorney review the pleadings.

Douglas Bryan · Answer

I'd suggest retaining an attorney to ensure that your rights are protected.  If he refuses to comply with the obligations of his position of executor, you can petition the court to have him removed.

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What can I do about my brother, the executor of mom's will, refusing to distribute the proceeds from sale of home to us?

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