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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
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Experience:  19+ Years of Legal Practice in Estate Law.
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My brother is executor of my mothers estate who passed away

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My brother is executor of my mother's estate who passed away last month. She left myself, my brother, and two other sisters as the ones who would be sharing the proceeds from the estate.

My brother and I have been close since childhood, but when my mother died strange things began to happen. First: He ordered a dumpster to be dropped in our driveway before my mother had even passed! She was dying in her room inside.

2 He brought his wife, and none of his siblings to see the estate lawyer.

3. He now has locked the house and changed the locks and even boarded up doors because he wants NO one in when he is not there, stating he is liable now.

I really want to be able to go to my mother's home and have asked him more than once and he refuses, saying that he trusts me, but not my little sister who does not like him, not to come in and 'take things she feels justified in having.

How much power exactly does my brother have?? Is this okay? Many people tell me that they have not heard of a sibling doing that to fellow sibs. He even referred to himself as the "Boss". Help!
Submitted: 1 year ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Estate law for 19 years and look forward to assisting you.

My brother is executor of my mother's estate who passed away last month. I am so sorry for your loss.

She left myself, my brother, and two other sisters as the ones who would be sharing the proceeds from the estate. OK.

My brother and I have been close since childhood, but when my mother died strange things began to happen. First: He ordered a dumpster to be dropped in our driveway before my mother had even passed! She was dying in her room inside. Ouch.

2 He brought his wife, and none of his siblings to see the estate lawyer. It is funny how some people, when made the exclusive position of Executor, feel separate from the others. However, it is true that you three do not represent the estate and your input at this point is not necessary, and likely only intrusive when trying to get the beginning basics done.

3. He now has locked the house and changed the locks and even boarded up doors because he wants NO one in when he is not there, stating he is liable now. Technically, this is true, if this house is owned by your mother's estate. However, it is a shame he feels you are all so untrustworthy. Of course, anyone who LIVED there up to now, can not be ousted without legal eviction, and grounds.

I really want to be able to go to my mother's home and have asked him more than once and he refuses, saying that he trusts me, but not my little sister who does not like him, not to come in and 'take things she feels justified in having. Believe it or not, I consistently DO see someone or other child loot the house of the beloved parent - take what they want, after an Executor failed to properly protect it. So sorry to say that.

How much power exactly does my brother have?? Is this okay? Yes. Technically, it is almost his responsibility, because if things are stolen, he can be held personally liable for their value IF he was negligent in his duties to protect those assets. Consider an obvious example: Let's say Mom kept $50,000 in a drawer and some of you were aware )(or not), and he didn't collect it and deposit it into the appropriate bank account name for the Estate of Mom. Two weeks later, he goes to get it to finally put it into an account, and it is gone... Hmm! You see?

Many people tell me that they have not heard of a sibling doing that to fellow sibs. I understand you are taking it personally, and I am sure I would also. However, he is doing actually what he legally should be doing, particularly when he feels that there is an untrustworthy person around who had an key to the old lock (or could get one)... He is a legal fiduciary if he has been appointed by the Court as the executor, and it is his personal liability on the line if assets disappear... in addition, executors, if something is missing and some accuses the executor of taking it, can be prosecuted for theft, embezzlement, etc., which can result in a prison term at times. It seems dramatic, but you have mentioned that there is a sibling that doesn't like him... some times people do greedy and horrible things when a parent passes away, including whatever they can to get "more" than their siblings. It sounds like your brother is being particularly careful to make sure that that does not happen to your Mom's estate and that her assets go where she intended, and not somewhere else.

He even referred to himself as the "Boss". Help!
He is the "boss" of the estate yes. And that means he has a fiduciary duty to care for the estate for the intended beneficiaries, you kids. That actually means he must make sure to prevent an one beneficiary from absconding with relics she may want, such as your sister, if he does not trust her not to.

Since you two were close, and you seem to otherwise know him very well, and he HAS specified that he DOES trust you, but has other concerns, I do hope you can try to not take this too personally, given what I have shared above with you - how he can be in great trouble if things were to go awry with your mom's property prior to its appropriate distribution according to the will. Imagine if all your favorite relics of your mom's just disappeared. Imagine the bad blood that would be created between you and whoever you suspected, but couldn't prove? And possibly your brother for not doing his job properly to protect against that?

I know you are probably in pain, and I am so sorry for the loss of your mother. Try not to feel to badly about your brother taking his job so seriously. Unless you believe he is untrustworthy in his duties, I'd chalk it up to him being very careful to do his job as your mom requested, and protect your rights.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 11826
Experience: 19+ Years of Legal Practice in Estate Law.
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AlexiaEsq.
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Estate Lawyer
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19+ Years of Legal Practice in Estate Law.