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My brother and I are Heir to our father's estate, our sister…

My brother and I are...
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting that is grossly incomplete (pertains to annuities and safe deposit box contents). My brother and I paid the estate attorney money to have a meeting with the three of us present. Our sister failed to show up. The estate attorney finally acknowledged that he represented our sister and not my brother or me.Our question is if the estate attorney allowed my brother and I to think he represented the three of us equally and accepted money from my brother and I (over a span of two years) is there recourse?
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1/16/2018
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 8,497
Experience: 30 Years in General Practice and Estate Planning
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Welcome and thank you for your question.

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The Attorney needed to tell you immediately that he did not represent you or your sister. In fact that is good reason for a State Bar complaint against the Attorney.

The issue of your sister mishandling funds is also very serious and would be grounds to have the court remove her as executor as she has a fiduciary duty to you and your brother that she is not living up to.

Where is the probate occurring in TN, which county?

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This is a general overview of removing an executor https://legalbeagle.com/4962990-petition-remove-executor.html

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These are the duties and removal of an executor:

"Reasons For Removing An Executor

There are several circumstances in which an executor can be removed. If the executor:

  • Fails to file inventory within 90 days of receiving letters testamentary
  • Fails to provide proper accounting
  • Misappropriates funds from the estate
  • Mismanages estate assets
  • Has a conflict of interest in managing the estate

Executors are largely unsupervised by Texas probate courts. For the most part, this works as a benefit to the heirs of the estate. It means the probate process is faster and cheaper. However, this lack of oversight also makes it easier for an unfit executor to misuse his position.

Legal Options

If it’s suspected that an executor has breached fiduciary duty, one of the first options is to file a request with the probate court to get any motions, applications or other pleadings filed in regard to the estate. There may be fees associated with this filing, so it’s important to check with the court handling the probate proceeding.

If it has been 15 months or longer since the appointment of executor, the next step may be requesting an accounting of the estate. This means the executor will need to report to all those who have an interest in the estate (heirs) details such as what debts have been paid, what property has been distributed, what property is still in possession of the executor, and other information about the condition of the estate.

This accounting often answers most questions that an heir might have about how the executor is handling his duties. If it does not, or if the information indicates a breach of fiduciary duty, then the heirs should get legal help." https://www.texas-probate-attorney.net/blog/can-i-remove-an-executor-in-texas

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Are you online with me and can you tell me the county? I will also provide a link for the Attorney's duties in representing the estate.

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"The estate attorney represents the estate and not you. His obligation is the the estate, not you or to any estate beneficiary." https://www.avvo.com/legal-answers/does-the-probate-atty-represent-the-executor-or-th-397683.html

State Bar of Texas filing a grievance against an Attorney https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656

Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 8,497
Experience: 30 Years in General Practice and Estate Planning
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Attorney2 and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
maryville TN 37803

Let me provide a link for Attorneys in that area that can represent you that provide FREE consultations so they can see what your sister has been doing and demand an accounting and removal. One moment please.

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http://lawyers.findlaw.com/lawyer/firm/probate-estate-administration/maryville/tennessee

Let me know if one of these Attorneys is the Attorney for the estate so I can provide more resources.

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