What to do if my Mother recently died and my older brother is the executor but he has not properly performed his duties?

She left me her Mercedes. I’ve requested him to insure the car is kept secure and not driven (my younger brother has keys to the car), while it is under the umbrella protection of her estate. I advised him it would constitute theft and negligence if the car is driven. Am I right on this issue?

Asked on October 7, 2013 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  Well, yes and no.  It would be a breach of his fiduciary duty of he did not protect the assets from harm. He should probably collect all keys to the vehicle and keep it safe until it can be turned over to you but he has great power to levy assets should need be.   Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.