Asked 12/7/2011
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What can I do if the co-executor took money from my incompetent father before he dies under undue influence, gets me to do all the work on the estate and refuses to sign checks for my expenses After my Mother dies my brother isolated my father for two years, lied to him to make gifts, agreed to payback the estate when the Doctors said we needed a guardianship, but when my father died, reneged. Now he refuses to do any of the work on the estate, and I have had to do everything incurring significant cost, now he refuses to sign checks for any expenses. Have heard through the grapevine his goal is to bankrupt me, so I can't afford to fight him on the abuse. |
Answer 1/2 - Submitted 12/7/2011
You can challenge his excutorship if he's refusing to fulfill his obligations, including taking care of the debts of the estate (i.e., your bills). Also, you can argue that any gifts to your brother should be voided because he had undue influence over your father, or you can say that whatever he received was part of his inheritance and should be subtracted from his share.
Unfortunately, executor's usually have carte blanche to do almost anything they want, so it's possible that he's selling property, transferring titles, what have you. The first thing to do is probably to get an emergency temporary restraining order (TRO) to prevent him from transferring any property out of the estate (I'd also push that any debts paid be jointly approved until the court sorts out the executorship issue.) lastly, I wouldn't advise trying to do any of this on your own. try to find a good trust & wills/estate lawyer to help you.
Answer 2/2 - Submitted 12/7/2011
It's time to contact a lawyer and let them take this in front of a judge. Things should be handled as per the instructions in the will and if he is not allowing you to do this then you need legal help.Many lawyers will do an initial consult for free and then work with you on the cost. It's worth the hours time to get the best possible way to handle this.
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