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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18817
Experience:  B.A.; M.B.A.; J.D.
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My Mom passed away in December 2010. My Dad was made executor

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My Mom passed away in December 2010. My Dad was made executor of her estate, and each of us kids was told by him that the money Mom left us wasn't ever going to go to us, he was going to spend it all. He said he's tired of being our Dad and won't even talk to us. He also stopped paying my sister for her deceased husbands Agency, and says he closed it and doesn't owe her a penny. She was only receiving a salary check monthly, and a small one at that. Can he do this legally?
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: My Mom passed away in December 2010. My Dad was made executor of her estate, and each of us kids was told by him that the money Mom left us wasn't ever going to go to us, he was going to spend it all. He said he's tired of being our Dad and won't even talk to us. He also stopped paying my sister for her deceased husbands Agency, and says he closed it and doesn't owe her a penny. She was only receiving a salary check monthly, and a small one at that. Can he do this legally?

Response: No, he cannot. If he is refusing to distribute the assets in your mother's estate as stated in her Will, he is in violation of his fiduciary duty. He cannot refuse to give to you and your siblings what your mother left for you. If the assets involved are substantial, you should consider hiring a local probate litigation lawyer to sue him for violating his fiduciary duties and for misappropriating the estate's funds.

You can use the following sites to find local probate litigation lawyers:


http://www.lawyers.com




http://www.justia.com

Customer: replied 5 years ago.
her estate was valued at 2 million, and I have sent the will to an attorney, he said there is nothing i can do, but then he wasn't a probate attorney
Expert:  Phillips Esq. replied 5 years ago.

her estate was valued at 2 million, and I have sent the will to an attorney, he said there is nothing i can do, but then he wasn't a probate attorney


Response: Of course you can do something. If your mother left to you and your brothers part of the 2 million dollars estate, you are entitled to your share of the estate. Your father cannot take the whole thing for himself. You need to retain the services of a local probate litigation attorney using the sites that I provided to you previously.

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