If my brother moved money to a joint account with his wife prior to my father’s death and when I found he moved it back, may I remove him as executor?

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If my brother moved money to a joint account with his wife prior to my father’s death and when I found he moved it back, may I remove him as executor?

The attorney will not address any of my concerns , example my brother co-mingling funds from the estate in a joint account with wife. My father was diagnosed with dementia and is on many pain meds but my brother took him to an attorney. The trust that was set up was changed to a Will and now we have to go to probate.

Asked on December 27, 2011 under Estate Planning, Indiana

Answers:

Michael Duffy / Duffy Law, LLC

Answered 10 years ago | Contributor

Generally speaking, the executor may only carry out the instructions of the will. He should not be playing with the money. As to whether that is sufficient to get him removed as executor would be a question the authority overseeing the probate would have to decided (which is entirely state dependent). The attorney involved represents the estate, and should be more responsive to your concerns, but cannot do anything other than protect the interests of the estate.

If there are questions of the decedent's competency or undue influence from the brother, you should consult an estate attorney. There are very specific issues of fact and law that might turn your situation one way or the other. However, there is a presumption the will is valid, and it's usually a very difficult task to prove otherwise.


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