What to do f the executor of my father’s estate, who is my younger brother, is not communicating with the heirs?

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What to do f the executor of my father’s estate, who is my younger brother, is not communicating with the heirs?

My father died almost 6 months ago and despite requests, the 4 of us do not have an inventory or assessment letter. Also, over $100,000 in liquid assets cannot be accounted for. My brother admitted he moved that amount to his personal account as POA last December. His attorney keeps saying he will look into things but does not answer either. Lastly my brother tried to sell my father’s home for $60K when the FMV came back at $160,000. If we hire an attorney to find the assets, can we have him/her bill the estate?

Asked on August 18, 2014 under Estate Planning, Washington

Answers:

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

Answered 7 years ago | Contributor

I am sorry for your loss and the trouble that has ensued.  I would most definitely hire and attorney but it will come out of your pocket, not the estate's pocket.  And understand that any legal work done on behalf of your brother as executor will come out of the proceeds of the estate.  What I think you need to do is sit down with all parties and attorneys involved and figure this out either by your brother coming clean or by having him step down.  Otherwise file a petition to have him removed for breach of fiduciary duty and hold him accountable for the monies missing.  Good luck.


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