What recourse do I have to ensure my dad’s wishes are fulfilled?

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What recourse do I have to ensure my dad’s wishes are fulfilled?

My father passed away and my brother was always assumed to be the one to bury him and administer the estate (since he did it for our grandmother). There wasn’t a Will but our stepmother told the lawyer handling this that our dad wanted everything split equally between us 3 brothers. I have come to find out that he pocketed the left over money from burying dad, to the the tune of $22,000, and still expects me to chip in on property tax for dad’s house which we are auctioning.We have all signed papers to make him administrator.

Asked on September 11, 2014 under Estate Planning, Ohio

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  Your Brother's act constitutes a breach of his fiduciary duty and is cause for him to be relieved of the duties of administering the estate.  He needs to account for all the money.  If you feel this will continue you can ask him to step down or ask the court to remove him and appoint you in his place.  Good luck.


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