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Help. My mother passed away and named me as the executric. My one brother is the beneficiary from hell. He is convinced that I am stealing everything and very dishonest. I have kepted recorders showing income and expenses. I had to put in deadbolts to prevent him from taking items out of the house. The will says everything should be split 1/3 evenly. Now I found out that he found a way in the house and removed items. I am trying to be fair and following what the law and the will says. He is threatening to sue and cancel the estate sale that is coming up. Advise?
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Re: Executor with a beneficiary from
Hi and welcome
What a rotten situation to lose your mother and then be hassled by a sibling.
Has the other beneficiary made any comments about the situation?
I shouldn't worry too much about the threat to sue, as he would have to prove loss to the estate to be successful.
How does he propose to stop the sale of the estate? Presumablythis is basically your late mother's house.
AS executor I assume you have the grant of probate, from which you draw authority to sell the property.
Your brother, by removing items from the estate, may well be guilty of theft.
You might want to refer him to:http://www.hulldailymail.co.uk/woman...ail/story.html -
Re: Executor with a beneficiary from
My other brother has been very supportive and is as confused as I am about why our other brother is being so hostile. To keep them straight I call them my good brother and my evil brother. My evil brother is an alcoholic and so is his woman. Mom also left him the full amount of the retirement account. The evil brother wants everything RIGHT now. We have explained by law you must wait 6 months to a year to pay debits. Now the person doing the estate sale says if any other furniture items are removed from the house, she cannot do the sale since it would not cover her expenses. My evil brother is threatening to get a lawyer. If he does that my lawyer will pull out since it is a conflict of interest since he has known my evil brother for a long time. What a mess!! I have the testimony letter naming me executric. I am to the point I may give up and let a court appointee handle this!Comment
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Re: Executor with a beneficiary from
You can abandon your right to act as executor , but only if you haven't intermeddled in the estate.
You refer to having been appointed executrix in a "testimony letter"
Have you obtained a grant of probate?
If not is it because the estate is small?Comment
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Re: Executor with a beneficiary from
Sorry. Yes I have the grant of probate. Here in Alabama, USA, we are given a letter of testimony. I have been paying the bills since my mother had rental property and her house still has electricity and water. The estate is large since she had rental properties and quite a bit in stocks and bonds. What my evil brother is really fighting me on is the more valuable stuff in the house. He has told my good brother that "our parents owe him since they didn't pay him for all the electric work has done for them for the last 3o years". The problem is they paid off multiple debts they he owed and he never submitted bills to them even when they asked him to. His point is mute since they passed away. And again he did receive the full amount of the retirement account.Comment
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Re: Executor with a beneficiary from
I did wonder about the terminology,
I note that in the States you have similar problems occuring as we in the UK.
Your countrymen do tend to be more litigious than us, and in view of the possible costs I feel you should attempt to obtain guidance from those who are based in the states.
Most of what you hear on this forum is based on UK law and customs.
I hope you sort your problems and bring your erring brother to his senses.Comment
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