Estate Law Questions? Ask an Estate Lawyer.
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You need not worry about them having any right to get the money back. The money is yours; they have no legal right to require you to sign anything in order to receive the money that is rightfully yours. So, whether or not you sign this document, you can keep the money. Whether or not you want to pursue your brother as executor is up to you. I will tell you that he has acted unethically and breached his fiduciary duty to you as a beneficiary. The estate and its assets are not his personal piggy bank simply because he's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor.
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