My Mother died April 2013 and my brother (who is addicted to drugs) was named as executor
of my mother’s Trust, which consist of a home that is free and clear and Bond with Edward Jones (the Edward Jones accounts were available to be distributed November 1, 2013.) My brother has refused to settle the estate and has taken several thousand dollars out for his own use.
He also stated that he is friends with the D.A. so they won’t prosecute him. (I did speak with a man in the D.A. Office who told me that “If he is stringing this along for his own profits, his conduct is criminal.” Just to confirm this I spoke with a local prominent criminal Attorney who concurred with this opinion.
How your mother's assets should be handled following her death is based on what the trust says, and whether or not a probate needs to be filed. You REALLY need to meet with a local attorney to determine what, if anything, can be done regarding your mother's assets. The language of the trust controls. If your brother is not handling the trust assets as required in the trust, you may be able to salvage some the assets if you move quickly enough. Good luck, Diane
I agree with my colleagues about the need to investigate the administration of your mother's trust or probate estate.
I want to add that your statements about your brother and his attorney are serious accusations. If you cannot prove them, they are libelous and they can sue you and recover substantial damages. I suggest your refrain from repeating them until you have consulted an attorney.
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
Please note that if your Mother had a trust, then your brother is the trustee and there is no need to go through probate.
If it is a will, then your brother is the executor and he should probate the will.
If your brother is not performing his fiduciary duty as either trustee or executor you can file a petition with the court to compel him to act or to remove him if he is not performing his duties or incapable due to his alleged drug addiction.
A word to the wise: it is not recommended that you specifically name people on a public website and make accusations - as it may lead to legal liability.
It is recommended that you consult with an attorney to assist you in the matter of your Mom's estate.
has attorney referrals.
