Proceedings Against a Fiduciary

My parents recently died without a will. My oldest brother was appointed administrator of the estate. The estate has been probate for less than two weeks, and already he has titled my father’s personal vehicle to himself, taken possession of his Class A motor home, several other personal items belonging to myself are missing, and has not complied with any requests for information regarding bank accounts, outstanding medical bills, or account for assets/debts regarding my parents estate.

Asked on June 10, 2016 under Estate Planning, New York

Answers:

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

Answered 4 years ago | Contributor

Sorry to hear about your parents.
You can petition the probate court to have your brother removed as executor (administrator) and have a successor appointed.
You can also sue your brother and seek a constructive trust.  A constructive trust will require him to return items to the estate he has taken or their value if he has sold them. 


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