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How can one get an accounting of monies in my father's estate when my brother is power of attorney and executor and one believes he stole from estate?
The power of attorney is extinguished upon the death of the principal. An executor must be appointed by a court. The executor must file an inventory of all the assets owned by the decedent at the time of his death. If you suspect your brother of stealing you should contact an attorney who can review your situation and explain your options.
What else can I help you with?
Can you sell the house owned by your brother?
No, unless you have a power of attorney from your brother. And if your brother is deceased, you would have to be the executor of the estate and have the court's permission.
What to do when your brother passes as an executor?
Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
Does anyone know how it is possible for an attorney to cash a estate cheque if he is the 2nd executor on the estate and the brother of the deceased is the first executor?
You take it to the bank and cash it with the letters of authority. If the money is going into the estate accounts, anyone can deposit it.
Brother is executor and purchases family farm cheating siblings from inheritance?
You can take the brother to court. It is recommended that you get an attorney in order to make this right. The siblings should get a proceed from the purchase at the very least.
How father passed away last year mother will not give brother or any information brother believes is the executor of the estate How does find out if is when the law firm wont speak to?
The brother needs a lawyer. Have the brother's lawyer contact the mother's lawyer and find out what is going on.
My mother died. now my brother needs to get power of attorney so he can handle mortgage issues on behalf of my father?
Your father can grant him a power of attorney. If he needs to represent the estate, he needs to be appoint executor by the probate court.
Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?
Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.
My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
Your brother was awarded power of attorney of your dads estate He refuses to discuss any financial issues with your sister and you what is the money being spent on can we see bank statements?
Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.
If brother is executor does he need his brother's signature to sell his dead mother's property?
No
