Charges of Breach of fiduciary duties against a sibling

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Charges of Breach of fiduciary duties against a sibling

My brother appointed himself representative of my father’s estate did not
inform us 4 other siblings he also took over 130,000.00 in money from a
lawsuit that was under my father’s name. He didn’t disperse it to any of us.
He also stole a check for over 4,500 that was made out to me under my
maiden name I was married in 1999 the check was printed cashed in
2006 he was the only person that knew that the check was at the lawyers
office for me.
I want to pursue the charges of breach of fiduciary duties against my sibling.

Asked on April 19, 2017 under Estate Planning, Arizona

Answers:

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

Answered 4 years ago | Contributor

You can sue your brother, the executor of your father's estate, for conversion, which is theft in a civil case and a breach of his fiduciary duty.
Your remedy is to seek a constructive trust against your brother which would require him to return the stolen funds to your father's estate.  If he has used the funds for any acquisitions, a constructive trust can be used to trace the funds to those purchased items and those items or their value can be returned to your father's estate.
You should also petition the court to have your brother removed as executor for breach of his fiduciary duties and a successor appointed. 


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