My brother was left executor of my parents wills and estate. He is not following through. Thank you.

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My brother was left executor of my parents wills and estate. He is not following through. Thank you.

I want to sue him.

Asked on April 15, 2019 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a beneficiary, you can bring a legal action against your brother in his capacity as executor to enforce his duties. This action is called an action "for an accounting," and it's what it sounds like: you ask the court to make the executor "account for" his conduct as executor--prove he is following the will's provisions, acting with reasonable haste and care, being loyal to the beneficiaries' interests, etc. If the court finds that he is not honoring his obligations, it can order him to do what needs to be done, or remove him as executor. Hiring an attorney to help you would be a good idea--this is substantially more complex than, say, filing a small claims case.


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