He is unemplored yet he has gone on trips and recently purchised a large tv, so i know he may of gotten some money from the estate of our mother who passed away 3 years ago with out telling me.
2006-07-14 10:00:01 · 8 answers · asked by keithr2003 3 in Politics & Government ➔ Law & Ethics
well ask the bank that handles the money for a statement they cannot deny you that. I would also get some advice from a laywer. If you do not do either of these you will not have any money left. Just remember it is your money too!
2006-07-14 10:07:30 · answer #1 · answered by CHAEI 6 · 0⤊ 1⤋
You didn't give many details here, so a lot has to be read into the question.
If your brother is the executor of the estate, then when the estate is closed, there will be an accounting. How much of the estate your brother is entitled to is dependent on whether your mother died with a will or without a will.
If your mother left a will, then your brother is entitled to the portion that the will gives him. It can be a specific bequest, i.e. a specific sum of money or some specific property, or it can be a percentage of the residual estate.
If your mother died without a will, then the laws of your estate regarding intestacy will govern the distribution, and who gets how much.
You need to consult a probate attorney. The probate attorney can enter an appearance on your behalf, review the court filings to date, and demand an accounting for you. If the court finds that your brother has failed in his fudiciary duty to the estate, then they have options including revoking his appointment as executor, requiring a hefty bond, etc. However, only an experienced attorney in your state can adequately answer these questions, after reviewing the specifics of your case. If you need the name of an attorney, contact your local or state bar association for a referral.
2006-07-14 10:27:42 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
If it is an estate, you can ask the probate judge to order an accounting. You can also ask the judge to have your brother post a bond until the estate is settled. That is assuming that you were named as a beneficiary of the estate.
2006-07-14 10:11:46 · answer #3 · answered by mattapan26 7 · 0⤊ 0⤋
As a beneficiary to a trust you have the right to demand an accounting. And if the trustee cannot account for all the funds the can be liable for them.
2006-07-14 13:24:06 · answer #4 · answered by strangedaze23 3 · 0⤊ 0⤋
Just wanted to add that if your brother is the executor of the estate, he is also entitled to 15% per year for his "work" as executor.
2006-07-14 10:49:40 · answer #5 · answered by scubalady01 5 · 0⤊ 0⤋
If he has access to the money, nothing.
If he shouldn't have access, you can have the accounts frozen and audited.
And If you you both have access, take all the money out and transfer it into you own name then fight it out in the courts. They won't like you, but; Solomon will gladly split this baby for you.
2006-07-14 10:11:16 · answer #6 · answered by LORD Z 7 · 0⤊ 0⤋
Well you damn well better do something because if you dont Im gonna come steal from you too, and so will everyone else.
2006-07-14 10:17:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
u punished him.
2006-07-14 10:21:56 · answer #8 · answered by arni 1 · 0⤊ 0⤋