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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My brother is executor of my father's will and after my father

Customer Question

My brother is executor of my father's will and after my father died his brothers decided to sell an apartment building in Peru and they will give the estate 1/3 of the sale. My brother feels this is money my dad did not want and is going to give it away. Does he have the right to do this?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, is the will silent as to this property and as to the sale of the proceeds? If yes, then the estate must receive the funds because you as a beneficiary can demand a portion of the proceeds. You are otherwise being unfairly deprived of a share of the estate, and it is now a violation of your brother's fiduciary duty that he would owe to the estate as a whole, and to the beneficiaries specifically.
Dimitry, Esq.