What to do if my Mother recently died and my older brother is the executor but he has not properly performed his duties?

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What to do if my Mother recently died and my older brother is the executor but he has not properly performed his duties?

She left me her Mercedes. I’ve requested him to insure the car is kept secure and not driven (my younger brother has keys to the car), while it is under the umbrella protection of her estate. I advised him it would constitute theft and negligence if the car is driven. Am I right on this issue?

Asked on October 7, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Well, yes and no.  It would be a breach of his fiduciary duty of he did not protect the assets from harm. He should probably collect all keys to the vehicle and keep it safe until it can be turned over to you but he has great power to levy assets should need be.   Good luck.


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