Dear XXXXXXXXXXX:

Thanks for asking Just Answer. You have a pretty odd situation with a child that is receiving nothing actually the one makeing the decision and in charge of distribution of the estate as Executor. This, if nothing else, is likely causing most of your problems.

When your father passed away the lawsuit that he was involved with became an asset of the estate. Any proceeds should be made payable to the estate, it is the executor's duty to direct that the proceeds are sent payable to the estate of your father. Anything that was filled out with the lawfirm that was handling the lawsuit is not vaild for distribution as the proceeds were that of your deceased father.

It is the fiduciary duty of the executor to follow the wishes of your father's valid and probated last will and testament. It is not necessarly a criminal act to not follow the wishes under the Will but a civil wrong that you or another heir can sue him for breach of fiduciary duty and recover any loss that was incurred because of his bad actions. His actions can be a basis for his removal from his role as Executor.

Good luck, if you need some points clarified, please click accept and I will answer some followup.

I cannot understand how probate would be over when there are still probate assets. It is possible that you signed an agreement during the probate process that would change this.

You can file a petition to open the estate and ask that the brother in charge be removed as executor. I still do not understand why he would be executor of an estate that he was not supposed to receive anything?

None of this is adding up. Will the attorney that drafted the will get involved on your behalf? His answers seem right on target.