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My Father died on 3/7/09. My older brother has disclosed no…

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My Father died on 3/7/09...
My Father died on 3/7/09. My older brother has disclosed no financial information and merely doled out personal or cashiers checks to my twin sister and I. He has now left with no forwarding address.
What court documents do I need to file to make him disclose all financial information from the time of my father's death?
Am I able to obtain financial statements from the day of my Dad's death to the present as a co trustee?
Is it possible to demand financial documents to prove his claims?
He was the executer and obviously untrustworthy.
He does not and has not worked for many years, lived at home with my father and disablilty. He made no money and claims my father owed him money. Doesn't he need to prove this to both my sister and I before closing the estate?
Neither my twin has seen or signed any documents of any kind.
Is what he has done legal?
Is liable for anything?
Not having legal knowledge and no money, Where do I seek help and information?
Submitted: 8 years ago.Category: Legal
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Answered in 15 minutes by:
6/27/2010
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,763
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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You need to go to the probate court as you have planned, since he had to probate the estate in order to dispose of any estate property. Once you get the probate file, all of the financial will be in that file and you can go through them to see if he properly paid you. If he did not pay your properly, then you have to file a suit against him for breach of fiduciary duty and seek to recover the money that you are owed.


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Customer reply replied 8 years ago

No. You did not answer my question. What am I supposed to do ath the courthouse?

Who am I to see?

What questions do I need to ask?

What forms do I have to follow?

How can I get attorney representation with no money?

Must I have an attorney?

can I file a suit without an attorney?

How will I know if he paid us properly?

How would I file a suit for breach of fiduciary duty?

Lawyer: Law Educator, Esq., Attorney replied 8 years ago
1) You see the clerk of the probate court.
2) You ask to see the probate file on the estate, which they can look up by name.
3) In the file you would be looking for any will, you would look for the financial disclosure and the list of estate property which he had to submit as part of the probate and that list should have appraised values of that property.
4) You do not need any attorney at this point except perhaps to review the documents to see if the numbers were accurately reported.
5) If it comes to filing suit you would need an attorney because these cases can get complex regarding valuation of property. You can find a local probate attorney at http://www.martindale.com or http://www.findlaw.com
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