What is the name of your state?What is the name of your state? Florida
My father passed away in July 2004. My father had a will that was straight forward. Half of his estate was to go to me and the other half to be divided between my two nephews (their money was to be put in a trust account). My brother is the executor. My brother hired an attorney to handle the estate. Since October, when the court approved my brother as the personal representative of the estate, several things have been handled inappropriately. In December my brother asked if I need any money (since he was in charge of the estate account containing the funds from my father's bank account, annunities, etc.) at first I told him no that I would wait for the estate to be finalized and then he purchased my nephew a car ( I know he used my father's $ for this purchase) so I figured he was allowed to use the money and asked him to send me a check. I know this was stupid on my part to think my brother was allowed to do so. About a month later I spoke with the attorney my brother hired and began asking some questions and was told that my brother did not have authority to use the money for anything other than estate matters and he would be reponsibile for putting back any money that he used. The attorney also advised me that he represents my brother and not me. Since then I have received a check for my portion of the sale of my father's condo. With that check was a letter that broke down the division of the funds and part of the division was for $20,000 that the attorney was holding for future legal fees. Is this a normal practice? The attorney also told me that I could have an accounting done of the estate but that takes longer and is also an added expense and that what they usually do is give everyone involved copies of the bank statements. He also told me that my brother has not been forth coming with information, has not returned phone calls or responed to letters and that I might want to hire my own counsil. I have spoken with my brother and know that a lot of the money that should be in the estate account is not there and he doesn't think he has to send the attorney the bank statements, he just wants to send them to me directly. He's plan is to give me the money that is supposed to go to my nephews from the sale of the condo which hasn't been released to him because he has to show proof of the establishment of the trust accounts for my nephews.
I don't want to sue my brother and I don't want to see the lawyers get all of the remaining money. What is the best couse of action for me to take now?
Thanks for any advise you can offer and sorry for being so lenthy.
My father passed away in July 2004. My father had a will that was straight forward. Half of his estate was to go to me and the other half to be divided between my two nephews (their money was to be put in a trust account). My brother is the executor. My brother hired an attorney to handle the estate. Since October, when the court approved my brother as the personal representative of the estate, several things have been handled inappropriately. In December my brother asked if I need any money (since he was in charge of the estate account containing the funds from my father's bank account, annunities, etc.) at first I told him no that I would wait for the estate to be finalized and then he purchased my nephew a car ( I know he used my father's $ for this purchase) so I figured he was allowed to use the money and asked him to send me a check. I know this was stupid on my part to think my brother was allowed to do so. About a month later I spoke with the attorney my brother hired and began asking some questions and was told that my brother did not have authority to use the money for anything other than estate matters and he would be reponsibile for putting back any money that he used. The attorney also advised me that he represents my brother and not me. Since then I have received a check for my portion of the sale of my father's condo. With that check was a letter that broke down the division of the funds and part of the division was for $20,000 that the attorney was holding for future legal fees. Is this a normal practice? The attorney also told me that I could have an accounting done of the estate but that takes longer and is also an added expense and that what they usually do is give everyone involved copies of the bank statements. He also told me that my brother has not been forth coming with information, has not returned phone calls or responed to letters and that I might want to hire my own counsil. I have spoken with my brother and know that a lot of the money that should be in the estate account is not there and he doesn't think he has to send the attorney the bank statements, he just wants to send them to me directly. He's plan is to give me the money that is supposed to go to my nephews from the sale of the condo which hasn't been released to him because he has to show proof of the establishment of the trust accounts for my nephews.
I don't want to sue my brother and I don't want to see the lawyers get all of the remaining money. What is the best couse of action for me to take now?
Thanks for any advise you can offer and sorry for being so lenthy.