What do I do if the executor to an estate is abusing his privileges? 4 Answers as of July 21, 2011

My brother is the executor to our Mother’s estate. He has recently called crying begging me for money and then I requested copies of my mother checking statements and found out this brother has been getting hundreds of dollars monthly from my mother while she living...RED FLAG!!! Come to find out he has Beemer borrowing money from my other sister as well. We had an estate sale and made about $1600 and told my sister I bet he didn't even put that money in the estate account. Last week my brother admitted that almost all of the money was gone in the estate account. My sister called today to tell me that she got copies of the estate bank account statements...guess what? My brother has been writing checks for cash and never deposited a dime of the estate sale money! What do I do? There are eleven of us...half hate the other half! A property is also involved and presently on the market. What will happen to my brother when the commissioner of accounts finds out? Shouldn't he be checking on this account?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You should bring this to the attention of the Judge immediately and ask that he be removed as executor. You also could sue for breach of fiduciary duty but if he is out of money it may not accomplish much. Please contact an Estate Administration or Probate attorney for assistance.
Answer Applies to: New Hampshire
Replied: 7/21/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
Hire an attorney, seek legal professional guidance. It is too much information that you need proper legal advice. He could be in trouble depending on what he did or didn't do. He as Executor has a fiduciary duty to the estate and the beneficiaries.
Answer Applies to: California
Replied: 7/20/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You should talk with a probate lawyer to review the documents and see if there is something that can be done that makes financial sense. You would not want to spend a bunch of money only to recover a few dollars.
Answer Applies to: Florida
Replied: 7/20/2011
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