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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55608
Experience:  29 years of experience practicing law, including tax and estate planning.
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My father had a business partner which is a co-exucutor with

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My father had a business partner which is a co-exucutor with my eldest sister. The deed to the house has both my father and the partner on it. They run basically a halfway house. Although this is not the partner's address he has removed property that was owned by my Father and changed the locks so no one has access to the property. The partner is still running the bussiness out of it and has a new tenant. Lastely the partner cashed checks he says my Father wrote but he was not able to do so when the checks were made. He cashed them the day of my Father's death and a few days later and has not produced any reciepts on what he did with the noney. We already contacted the bank and our getting pictures of the checks to determine if they were forged. My father's will states that we shall get all of his personal items that he owned by himself and anything he owned with the partner we should sell and split our half. Both co-executors made an inventory of My father's belongings.

What rights do we the family have regarding the above matters?

Are we allowed to get my fathers pocessions?

Should we contact the authorites if we think there was forgery and theft?

Do we persure getting the bussiness partner out of the co-executor role?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. The estate and its assets are not your dad's partner's personal piggy bank. As an executor, he has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets, periodic accounting of every dime in and out of the estate, and each beneficiary's rightful share of the estate. If he, as an executor, fails to do any of the foregoing, you can file a petition with the court to have him removed for breach of fiduciary duty. Furthermore, if there is any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against that executor. And, if there has been theft or embezzlement from the estate assets, you can also contact the district attorney to pursue criminal charges.

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Customer: replied 4 years ago.

Since everthing is inventoried are we allowed to go get our Father's belongings or does the business partner have the right to keep us out?

Thanks for following up. Yes, you do have the right to get your dad's belongings. Your sister, as co-executor, should coordinate this for you. But, if he prohibits this in any way, a court order should be sought.