QUESTION

My brother is executor of our father's estate. Not sharing any information with my sister and I. He has removed everything "of value " from the house

Asked on Feb 02nd, 2017 on Wills and Probate - Florida
More details to this question:
We are not sure what to do or say right now. He has taken over my father's car, and has excluded us from any details of what he is doing. The will states that all assets are divided by the 3 of us. My father passed on 1/14/2017
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1 ANSWER

Maryellen Sullivan
Hi - I'm sorry for your loss.  You have rights as a beneficiary of your father's estate.  You are entitled to notice of any probate filings in connection with your father's estate, an inventory of estate assets, an accounting once all assets have been distributed, and the prompt and fair administration of your father's estate according to his Will.  Your brother is responsible to safeguard assets, make sure any of your father's creditors are paid, and otherwise distirbuting your father's assets in accordance with this Will.   Your father died only a few weeks ago and these things can take some time. You probably have talked to your brother, but I would suggest that as a first step.  Everyone processes grief differently and he may be taking these actions on his own as a way of dealing with his father's death.  He may even feel that he is protecting his siblings by taking it on himself.  It is my experience that providing full information is best, but he might not be thinking that way.  It is usually better for fmaily relationships to settle things among yourselves rather than resorting to court.   That said, you can use the probate court to enforce your rights as a beneficiary.  You can petition the court to supervise your brother's actions, or require him to do something in particular such as sell your father's car rather than driving it himself.  You can even have him removed as executor if he is not acting in the interests of the beneficiaries.  If you think you will have to involve the court, I would advise making requests for information and certain actions to your brother in writing so that you have evidence of your efforts and your brother's response or lack of response.   Good luck!  
Answered on Feb 03rd, 2017 at 7:06 AM

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