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Your brother has no power as the executor until he has been appointed by the court. Once he has been appointed he will have the power to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. If he abuses his power you can complain to the court. If he has mishandled the estate he will be required to pay the missing funds to the other heirs.

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Q: What action can be taken against your brother who is the executor of your fathers will for mishandling the inheritance that was to be divided between three siblings?
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Related questions

Can you cash an inheritance check and still sue the executor?

Yes. You can sue as long as you have a valid complaint against the executor.


Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?

The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.


As executor can you deduct personal expenses to administer an estate from your personal taxes?

Not if they are reimbursed from the estate. If not, they may be eligible to be credited against the inheritance income.


Can a lien be placed against personal property of executor of an estate if they didnt pay you your inheritance?

A lien can normally only be placed with a court order. The beneficiary can certainly take them to court. And if they win, then they can place a lien.


Are executor expenses tax deductible?

they are not a deductable amount. You can claim expenses as an executor against the estate funds. However, if you do claim executor expenses against the amount of the estate they are taxed as income for the person claiming them.


What recourse do benefiers have if the executor does not distribute the funds?

File a lawsuit against the executor for not following the law.


Can a beneficiary that couldn't be found during probate period collect on inheritance after probate closes?

Yes. That beneficiary's portion should have been deposited with the court or in an interest bearing bank account. It should be waiting for him. There are many reasons a beneficiary may not be able to be found at the time of a probate of an estate. That's no reason to squander their inheritance. He would have a cause of action against the executor if his inheritance was not accounted for.


What happens to the assets due to an executor if the executor of a will dies?

They become part of his estate. The executor of his estate would file the claim against the first estate.


Can you take civil action against an executor?

As long as your question is referring to the executor of a will, than the answer to your question is yes.


Can you file a legal suit against your siblings for stealing your inheritance if you just found out about it after 24 years?

No. Its too late.No. Its too late.No. Its too late.No. Its too late.


Can executor rent property that has a lien against it?

Yes.


Can an executor file a claim against the estate in Kentucky?

Yes, an executor can file a claim against the estate in Kentucky if they believe they are owed money or assets from the estate. However, they must act in good faith and comply with all legal requirements and procedures for making a claim against the estate.