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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55442
Experience:  29 years of experience practicing law, including tax and estate planning.
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what do you do if the executor of an estate will not do what

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what do you do if the executor of an estate will not do what will says because he doesn't want to get our sister upset.meanwhie it's been two years and nothing has beeb divided.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Just because your brother was named executor, the estate and its assets are not your brother's personal piggy bank. Your brother, as executor, has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. Any attorneys' fees you incur will be awarded you in the suit against your brother due to his breach of fiduciary duty.

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Customer: replied 4 years ago.

how do i get my sister to produce inventory? i paid a lawyer 1500.00 and all he did was file the will. he told me he was going to do everything find out how much money was coming into house,make her produce inventory. he did nothing other than file the will. i am 68 yrs. old and can not afford to hire another lawyer please advise

Thanks for your reply. First, send a letter by certified mail demanding that she produce the inventory within a short specified period of time. Let her know that if she does not, you will file suit against her to have her removed as executor and to be awarded actual and punitive damages against her. This is typically sufficient to get the action you need. Second, if the letter does not work, you would ask the probate court to remove her as executor and to appoint a successor executor. The cost of this would be recoverable. Since money is a problem upfront, I would suggest you go to your nearest law school. Most of them have legal clinics that are run by law students and supervised by law professors that will take cases such as yours on a pro-bono basis to help the students, who are idealistic, energetic, and very bright, get experience while under the watchful tutelage of their law professors.
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