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?
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..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..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..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..
If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.
Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.
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.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.
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.
13 yrs practice, Realtor, Landlord 24+ yrs
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).