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Good afternoon. He cannot do this....mother's estate is not his personal piggy bank. If the house isn't going to be sold, the brother needs to distribute it out of the estate into undivided interests to the heirs. Then your husband can force a sale by filing a suit for partition. If the brother refuses to distribute it, your husband should file a petition with the probate court to have your brother removed as executor for breaching his fiduciary duty to mother and your husband.
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Then brother will let my husband pay for all legal fees, as he has done in the past
with the monies from mothers bank account, he received $ 6000 less than what he
was entitled to...now my husband has to put up money to start a suit against his
brother..isn't there a simpler and cheaper way for justice?
If brother won't deal with this voluntarily, then your husband must go through the court system. But, he should also ask the court to be awarded all past and future legal fees due to his brother's breach of fiduciary duty.
Thank you so much!
My pleasure. You take care.
I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.