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confusedintn

Executor fraud older brother in Alabama

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Not really sure what you mean.  The executor of an estate is responsible for:  (1) taking possession or control of the decedent's assets; (2) determining the decedent's debts; (3) using liquid assets, and liquidating non-liquid assets to the extent necessary, to pay debts; and (4) distributing anything left over in accordance with the terms of the decedent's will or, if the decedent had no will, in accordance with the law of intestate succession (i.e., the law that says who gets what when a person dies without a will).

 

Starting at the beginning, is the estate being administered in Alabama?  Or is Alabama where you live?  If Alabama is where you live, in what state is the estate being administered?

 

Next, you wrote that your "brother is the executor of [your] mother[']s estate."  Some folks get this wrong, so I'll ask in order to clarify.  Was your brother actually appointed by the probate court to serve as executor?  Or is he merely nominated in your mother's will to serve as executor.  If he hasn't actually been appointed by the court, then he is not the executor and has no legal authority regarding estate assets.

 

You then wrote that your brother "is not splitting assessets [sic] of sale [of?] real estate."  What does that mean?  Obviously, proofreading what you write before hitting the "post" button will help make what you write easier to understand.  Beyond that, however, what assets is he refusing to split?  Has your brother sold real estate that your mother owned?  If so, when did that happen?  Do you have any information about whether or not the sale(s) resulted in any profit?  Do you have information about debts owed by your mother that need to be paid?  When did your mother die?

 

If you answer these questions and provide more information about what exactly has happened that troubles you, I or someone else can give you a lot more useful information in response.  That said, your basic "options" are to sit around and wait for things to happen or retain a local attorney to review the situation and advise you.

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Not really sure what you mean.  The executor of an estate is responsible for:  (1) taking possession or control of the decedent's assets; (2) determining the decedent's debts; (3) using liquid assets, and liquidating non-liquid assets to the extent necessary, to pay debts; and (4) distributing anything left over in accordance with the terms of the decedent's will or, if the decedent had no will, in accordance with the law of intestate succession (i.e., the law that says who gets what when a person dies without a will).

 

Starting at the beginning, is the estate being administered in Alabama?  Or is Alabama where you live?  If Alabama is where you live, in what state is the estate being administered?

 

Next, you wrote that your "brother is the executor of [your] mother[']s estate."  Some folks get this wrong, so I'll ask in order to clarify.  Was your brother actually appointed by the probate court to serve as executor?  Or is he merely nominated in your mother's will to serve as executor.  If he hasn't actually been appointed by the court, then he is not the executor and has no legal authority regarding estate assets.

 

You then wrote that your brother "is not splitting assessets [sic] of sale [of?] real estate."  What does that mean?  Obviously, proofreading what you write before hitting the "post" button will help make what you write easier to understand.  Beyond that, however, what assets is he refusing to split?  Has your brother sold real estate that your mother owned?  If so, when did that happen?  Do you have any information about whether or not the sale(s) resulted in any profit?  Do you have information about debts owed by your mother that need to be paid?  When did your mother die?

 

If you answer these questions and provide more information about what exactly has happened that troubles you, I or someone else can give you a lot more useful information in response.  That said, your basic "options" are to sit around and wait for things to happen or retain a local attorney to review the situation and advise you.

Alabama is the state it is being administered in. I live in Nashville, he has been appointed by probate court as executor and the house has been sold. She had no debts   

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