Executor

[Whalelvr10]

What is the name of your state (only U.S. law)? PA

My mother passed in July, leaving a will naming my brother as executor.

All my brother has done to this point is package items from my mothers house to be sold at Auction.

He has not attempted to get Autopsy report, medical records, Insurance policy or 401 from place of employment where beneficiary is named.

He has disposed of almost everything in my mothers house without me being able to see what is there. He has offered friends to take items without payment.

He is driving my mothers car daily for personal use.

The estate is to be divided equally between my brother and myself.


My mother took a loan for the purchase of a vehicle for my nephew, my brother is paying half of the unpaid balance for the car. My nephew is to be sending me a check for $150.00 a month until my half of the balance is paid. I have no idea of the unpaid balance other than what my brother tells me should I be getting a document to state how much is owed to me?

How would a person go about contesting who is the administrator of an Estate?

[anteater]

....leaving a will naming my brother as executor.

First things first... You have not said the magic words. Has the will been submitted for probate and has your brother been appointed by the court as the estate's personal representative? If not, file to open probate yourself. If you can get your hands on the will, submit it when you file. If not, file intestate.

If the life insurance policy and 401(k) have designated beneficiaries, they are not probate items. The beneficiaries can obtain payment themselves.

I don't know why the personal representative would need an autopsy report or medical records unless there was some contemplation of a wrongful death lawsuit.

My mother took a loan for the purchase of a vehicle for my nephew, my brother is paying half of the unpaid balance for the car. My nephew is to be sending me a check for $150.00 a month until my half of the balance is paid. I have no idea of the unpaid balance other than what my brother tells me should I be getting a document to state how much is owed to me?

This doesn't make a lot of sense. Who is paying off whoever made the loan to your mother?

[Whalelvr10]

The will has been presented and my brother named as Executor.
Med records and autopsy are required because there has been no explanation as to why my mother died. She was in for a simple hip replacement 100% healthy otherwise. We have never heard from any Dr or anyone for that matter as to what happened.
I am aware that a beneficiary can obtain payout of Insurance and 401K however that is not how it is working....we are told to provide needed documents, Death Certificate rtc. which was done and it is now 9 weeks later and nothing.
The loan for my nephews car was paid by the Estate,,,now my nephew is paying off the balance that was owed. However I do not know what that amount is. I am told by my brother, don't worry about it. Don't I deserve to know the amount?
I have now found out that my mother had a car which she paid insurance on for an entire year. My brother has decided it would be fine for him to use the car for his personal use. He has not notified the insurance agent of moms passing. His theory is the insurance is paid so I can use it????? I am told this is not so, liability would not be paid and the estate could be in jeopardy.