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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.