hat to do if my brother was made legal executor of our mother’s Will but he is a shady charecter to put it nicely and we don’t speak or even like each other?
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hat to do if my brother was made legal executor of our mother’s Will but he is a shady charecter to put it nicely and we don’t speak or even like each other?
I don’t trust him to give me my half of the inheritance or the sale of our moms house. If this happens, would there be a lengthy court battle? What all would happen?
Asked on October 9, 2012 under Estate Planning, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
Depending on how much time has passed since your brother was appointed executor, you may be able to challenge or object to his appointment. However, before you take on the expense of doing this, you may want to call the lawyer who represents him and ask what safeguards exist to make sure your brother treats you fairly.
The executor is required to file inventories and accountings with the court. In a general sense, the Probate Court oversees the executor's conduct. As a practical matter, however, courts rarely question things if the executor files the appropriate reports and is represented by an attorney and the items appear reasonable on their face.
I suggest you talk with the attorney. If your are satisfied with the attorney's answers, you can sit back and monitor what your brother does. If not, you can hire your own attorney and challenge your brother.
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