What to do if my mother died 2 weeks ago and my brother is the executor of the estate but so far he has made no attempt to discuss the estate with me?

I am convinced he will not take legal action such as put the estate in probate or advise me of any details of what the estate consists of in monetary terms. I am positive he intends to keep all of the inheritance for himself. We are the only 2 living descendants. What can I do to make sure I am included in the inheritance?

Asked on September 12, 2015 under Estate Planning, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your mother.
If your mother's Will includes provisions for removal of the executor and appointment of a designated successor as executor, those provisions should be followed to remove your brother as executor.
If the Will is silent as to removal and/or designating a successor as executor, file a petition with the Probate court to have your brother removed and a successor appointed as executor.
A lawsuit can be filed in Probate court against your brother on behalf of your mother's estate, to obtain a constructive trust which will require your brother to return the proceeds from the $25,000 CD to the estate.  
 


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