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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35377
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My father passed away a month ago. He had a will which

Customer Question

HI! My father passed away a month ago. He had a will which stated that everything was to be divided between his 3 children, He had a Money market set up in the bank My brother has been going in dads house and taking almost everything. He's holding the money over out heads as there are somethings we took that he wants. Can he get away with doing that?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Yes North Dakota1
JA: Has anything been filed or reported?
Customer: No! My husband takes care of all of dad's bills when he was alive. So I am on his bank account. My brother also paid my dad for helping him farm, but in the letter he left He didn't want it and didn't use it, Now out brother says he's taking out the amount he gave dad which was years ago. My sister and I had nothing to do with that and don't think it's fair that he can do that out of the money market account!
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you!
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Who is named as the executor of the will?

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Has anyone filed a probate case in the local probate court to settle his estate?.

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thanks

Barrister

Customer: replied 2 months ago.
brother
Customer: replied 2 months ago.
no - question 2
Expert:  Barrister replied 2 months ago.

Ok, then no, brother can't do anything with the estate assets other than what is specifically stated in the will. If he is taking assets from the estate improperly, then any beneficiary of the will can file a formal objection with the probate court judge once a probate case has been opened and the judge will order him to return those assets to the estate or face contempt of court charges.

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If brother is dragging his heels in filing a probate case, any sibling can do so and then notify the judge that brother has the will and is executor and the judge can order him to submit the will and take over the duties of settling the estate.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Ok, then no, brother can't do anything with the estate assets other than what is specifically stated in the will. If he is taking assets from the estate improperly, then any beneficiary of the will can file a formal objection with the probate court judge once a probate case has been opened and the judge will order him to return those assets to the estate or face contempt of court charges.

.

If brother is dragging his heels in filing a probate case, any sibling can do so and then notify the judge that brother has the will and is executor and the judge can order him to submit the will and take over the duties of settling the estate.

.

.

thanks

Barrister