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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33673
Experience:  16 yrs. of trial experience
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My brother and I are co executors of our fathers estate.

Customer Question

My brother and I are co executors of our father's estate. My mother is not mentally capable. Brother takes 2000 dollars a month out of the estate to pay morgage. Can I take the same?
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Can you explain why this is happening...who is the mortgage benefiting...the mom? The brother? Everyone?


Customer: replied 8 years ago.
just my brother....he got into my financial difficulty and my father gave him the money. He has received $200,000 over a 10 year period and still is.
Expert:  P. Simmons replied 8 years ago.
The executor is required to administer the estate...to account for the assets, to pay valid debts and then distribute the estate either as directed by the will or as directed by law.

If the executor takes a portion of the estate for personal reasons, they can be held liable for this.

If your brothers share of the estate was $200000, then he has his share and should make sure the rest is distributed.

If his share would have been less, then he will be liable to the other beneficiaries


It seems odd this would continue after 10 years. Typically it takes months not years to settle an estate. If he is not doing the job properly, you may need to retain a lawyer and take legal action to make sure he does


To answer the question...not, its not ok for you simply because he is doing this...as a co-executor, you should take steps to make sure that the estate is distributed according to the law. If that requires involving the courts, you may need to do so



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.


P. Simmons and 8 other Legal Specialists are ready to help you
Customer: replied 8 years ago.

Dad just died in April and the court has just appointed my borther and I as co executors. The estate has not been settled. Can he still take the money on his own out of the estate?

Expert:  P. Simmons replied 8 years ago.
NO

He can not

Tell him to stop and replace what he has taken

If he continues to do so, you need to inform the court.

This is a serious duty, the administration of an estate...if he takes money for personal gain he could be found criminally liable.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.