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I know you said that I am probably out of luck for getting

 
Barrister's Avatar
  • Answered by:Barrister
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Customer Question

I know you said that I am probably out of luck for getting any money back. My brother did say there was another bank account that I am a benificary of, he is refusing to close account and give me my share. How can I make or force him to close account, he thinks it is ok to try to bully me. I did check with the probate court of MA and was informed that no inventory was submitted at timeline required. How can I force him to give me caopy of new will?

Submitted: 318 days and 14 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Barrister replied318 days and 13 hours ago.

Well, for the plane tickets, yes. But as for your share of the estate, no. He has to legally divide the estate and can be held personally liable if he is misusing estate assets or converting them for his own benefit.
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In order to know exactly what you are entitled to, you need to get a copy of the inventory. If he hasn't filed it within the mandatory timeline, you can file a "motion to compel inventory and accounting" and force him to come to court and appear before the probate judge and explain why he is violating the law and his duties as administrator of the estate. The judge can then order him to produce the inventory in XX days or face a contempt of court charge and be removed as administrator.
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I think you said you are in CA, so it may be cheaper to contact an attorney in MA to file the motion for you rather than having to fly back and forth for any hearings. It sounds like he is taking advantage of the fact that you are out of state.
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As for any bank accounts, as I said before, if you are the POD beneficiary or are listed as a joint owner with father, he can't touch it because it is not an asset of the estate. It would be your account upon father's death and only you could access it if it is POD or a joint account.
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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.2 %
Accepts: 5514
Answered: 7/3/2012

Experience: 13 yrs practice, Realtor, Landlord 24+ yrs

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