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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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on what grounds can an heir to an estate be disinherited?

Resolved Question:

can a brother disinherit his sister who is named as an heir on her parents estate documents?
Submitted: 6 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 6 years ago.

If this estate is the parents estate, only the parent's may disinherit as a brother would have no legal rights to do disinherit someone from an estate he does not own.

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Jennifer

Customer: replied 6 years ago.
Reply to Familylaw Guru's Post: even if the brother is the executor of the estate?
Expert:  Familylaw Guru replied 6 years ago.

All an executor of an estate has power to do is carry out the deceased person's wishes. If the deceased wished for you to inherit, the exector cannot decide otherwise. If an exector does try to do this, he may be removed from this position for violation of his fiduciary duties. To do this, you would file a petition to remove the executor with the court. They would then appoint a new executor to take over.

Jennifer

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Expert:  Familylaw Guru replied 6 years ago.

If you need more help, please let me know.

Jennifer

____________________________________________________________________

Don't forget to ACCEPT so that I may be compensated for my time.

Customer: replied 6 years ago.
I am sorry , but I still don't have the answer I need. I've been told that there are some legal "grounds for disinheritance" . I live in Illinois and my brother is the executor for my parents estate. My father died 6 years ago and I have been the caretaker for my mother. She lives alone and is in good health. I am one of four siblings named as heirs to their estate.

As crazy as this sounds, my brother alleges that my spending has been frivolous and unless i "repay the misused funds" he will take steps to disinherit me from the trusts My mother has added me to her checking account, as I do all her shopping. In addition, she has told me that if I need anything, this money is hers to decide what to do with. The funds in question are not in any trust, but in my mom's bank account.

My brother hold old sibling grudges and has made unfair judgement regarding this issue.

However, he has told me that as executor, he can scrutinize any activity on our mother's accounts. He claims to be protecting the families assets.
Does he have any grounds?
Expert:  Familylaw Guru replied 6 years ago.

I don't know who is telling you that your brother can disinherit you from your parent's estate, but this is simply not true. As I said before, all an executor does is carry out the wishes of the deceased. They don't have the rights to disinherit. Not sure what else to say to answer your question. Only your mom, who is alive, can disinherit you.

Unless he has power of attorney over your mother, he has no right to scrutinize any activity on your mother's accounts as it is none of his business.

Please don't forget to ACCEPT.

Jennifer

Customer: replied 6 years ago.
He does have power of attorney and has been named executor by my deceased father.
Expert:  Familylaw Guru replied 6 years ago.

Well as power of attorney, he can only assist in making sure your mother is taken care of. STILL he cannot disinherit you even if executor. Only the person you are inheriting from can disinherit you.

Jennifer

Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience: Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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