What to do if my brother and sister have been named executors of my mother’s estate and I think that they kept the money?

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What to do if my brother and sister have been named executors of my mother’s estate and I think that they kept the money?

According to her will, all assests where to be distributed equally between all her 7 children. However he has not disclosed the value of any of her assets. And there is a suspicion he used this money for his own personal use. I’ve asked for a disclosure however he keeps avoiding the issue. What are my legal options?

Asked on March 30, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for you loss and for the problems that have resulted here.  Have you takn a look at the estate file?  You can you know.  It is a public record.  The probate petition should give a list of all the assets in the estate and a date of death value.  If you suspect that the executors have breached their fiduciary duty and embezzled from the estate then you can ask for an accounting of the estate assets.  I would seek legal help here.  Good luck.


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