Q: I have a question about estate and executor doing things he shouldn’t.
Our dad passed recently, the brother who is the executor has taken assets without the other siblings consent and sold them or is keeping them and not returning them. He is not following what is supposed to be done. We need to know what we should do, tried talking to him but he ignores us and is lying about things, can he do this, how long does he have before the estate has to be settled, things like that. This is all a mess!! Please help!! Thank you.
A: You need to immediately retain an estate litigation attorney to bring an action for his immediate removal for breach of his fiduciary duty as executor and for him to make a complete accounting. A surcharge action needs to brought against him for losses that the estate has incurred by him stealing from the estate. For every day that passes, your ability to recover these assets decreases. You need to obtain estate litigation counsel, immediately, if not today!
James G. Ahlberg agrees with this answer
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