Q: My brother is executor of my fathers estate and will not contact me.
As executor, isn't it his responsibility to contact anyone in the will. He will not answer or return my calls. When my father was moved to assisted living before he passed, the contents of his apartment were moved out by my brother. From what I am told he just gave everything away. I was never contacted or asked if there were any things that I would want. Isn't he required to do so before giving away or liquidating? I know there were some items of value and some very sentimental value things as well.
A:
The first question is whether a probate proceeding was ever opened. Naming someone as executor or personal representative in a will just expresses your father's choice for who should be appointed by the court, but gives the person no authority without being appointed by the court. In order to be appointed the person would have an attorney, so the question is whether the attorney provided the necessary notice.
There is nothing to prevent any interested party from having their own attorney in a probate proceeding, and any interested party can file the paperwork to open an estate. It is suggested that you contact a probate attorney in the area where your father resided when he passed to assist you in ascertaining the status of your father's estate and providing you will representation in this matter.
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