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My 2 remaining brothers and I are estranged. They are

Hello. My 2 remaining brothers...
Hello. My 2 remaining brothers and I are estranged. They are guarantors/conservators of my Mom. They have given away and sold her property over the years without me being involved at all. Is that an ok thing to do? I found out they sold her home when I looked at her tax statement and found someone else's name on it and the date it was sold. She passed away a week ago. She was my best friend and we were very close. She was in assisted living. I have items that I gave her that even say to return to my kids or whoever it was that gave the items to her as they have sentimental meaning. Nothing big, a clock, a blanket and a little china doll. Can they just dispose of all of her belongings? I am in her will (except I think they changed it after she was diagnosed with dementia). 1. Is that ok that they did those things? Now that she passed am I to get notified when they get rid of her belongings or can they still "just do it"? Is it done already and I don't even know? 2. Is there a claim or anything I need to file that says I have a claim to her estate? I have a copy of the will that was done when she was competent. I also have a letter and a voice recording from her saying what she wants to happen. I am asking as I don't know if this is all happening behind my back and that I have no right to be notified. She was not married and my oldest brother that I was very close to passed away in 2013. Then there are the two younger brothers I am estranged from. I live in Minnesota. I don't have any money so I am just trying to find out what my immediate actions need to be if any. Thank you very much.
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Answered in 2 minutes by:
3/15/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,711
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am terribly sorry to hear this;That must make this even more difficult.

A conservator has a fiduciary duty which means they must act in the principal's best interest which includes a duty to preserve assets (ie no waste) and to not "self deal" or unduly benefit from their position of trust.

If this is abused an interested party can sue for breach of the fiduciary duty.

The statute of limitations for bringing a fraud action is 6 years - please see:

https://www.revisor.mn.gov/statutes/?id=541.05&year=2011

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If a person changes their will due to undue influence (that is the legal term for manipulation) then the court may throw that out and use their prior will. This applies if the person did not have the necessary mental capacity as well.

And the executor/trustee of the estate, does have a duty to the estate which means that they must provide notice to any interested parties.

Additionally one can check with the county court (county where decedent last resided) to see if a probate has been filed.

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Customer reply replied 4 months ago
Is there any document I need to file with the County or do they have to notify me as I am her daughter?

The executor/personal representative would have the obligation to notify the heirs (not the county).

That assumes their is a probate opened.

If there is and no notice has been received one can file a breach of fiduciary duty and request the removal of the current personal representative particularly if the person is not distributing the assets per the will.

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LegalGems, Lawyer
Category: Family Law
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