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My brother, who lives in PA, was the executor of my uncles

 
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Customer Question

My brother, who lives in PA, was the executor of my uncle's estate and used part of my inheritance to big his wive a business: $15G. The business went under. My brother is now broke, but my sister in law inherited a lot of money recently. She denies any responsibility for the debt, saying that she did not know it was my money, even though it was used for her. No one denies that the money was used, they do not want to pay back. Does my sister in law have a legal obligation to pay be back?

 

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Country relating to Question: United States
State (if USA): Pennsylvania

Submitted: 343 days and 13 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  Barrister replied 343 days and 13 hours ago.

Hello,

Was brother an heir of the estate as well?
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When was the estate settled?
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When did you find out about the $15K?
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Thanks.

Barrister

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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Customer replied 343 days and 13 hours ago.

There was no will. My brother and I were the only two living relatives - consequently we inherited equally. Because my brother was there, and I was out of the country, he was executor. I let him take 10% in fees, as well as the proceeds of the sale of a small house. I said I only wanted to split the cash. My brother had access to all the funds so they went into his account. He gave me all except for a portion and then, when I claimed it, he told me he had used it on the business. this happened in 2007.

Accepted Answer

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Expert:  Barrister replied 343 days and 13 hours ago.

Ok, essentially what brother did is engage in theft from the estate instead of disbursing the money to you. So he would be liable for the money personally. Unfortunately, that blame doesn't extend to his wife unless they acted in collusion in this theft/Fraud. If she maintains that she thought it was his inheritance she was using, it would be very hard to prove that she knew about the theft.
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So at this point, your only realistic recourse would be against brother.
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.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.3 %
Accepts: 5400
Answered: 5/6/2012

Experience: 12 yrs practice, Realtor, Landlord 23+ yrs

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