Why are executors excluded?

[Lazarus13]

What is the name of your state (only U.S. law)? PA
I'm sorry, I saw that executors are excluded from this forum, but I was named both the primary and secondary executor in parents will. BUT - I don't know what I'm doing and my brother has stepped in and taken over everything. I've retained a lawyer, but getting a return phone call is rare.

My biggest problem at the moment? I've lived with my parents for almost 10 years. Since the will states the home (and beach home) are to be divided equally, my brother routinely enters the home (and has removed quite a bit of property) ....MOST IMPORTANTLY - when he comes in while I'm at work he goes through my personal records, bank statements, bills, etc.

Do I have any recourse? It takes a week or more for my lawyer to respond, and I am at a total loss. I wasn't made executor because of my financial ability, I was made executor because I was the only one here for the past decade.

If I've posted in the wrong forum, I apologize. ANY ADVICE GREATFULLY APPRECIATED

 

[Zigner]

Are your parents still alive?

(There is no blanket exclusion of executors from this forum.)

 

[tranquility]

Has anyone been appointed executor by the courts?

 

[Lazarus13]

Thank you

Both my parents are deceased, my mother in '11, my father in '13. I admit, I did let my brother take over in the beginning - I was even grateful. But now? He comes I to the house and literally goes through everything, including my personal info.

I created this account because I opened my checkbook today, and found a note from my brother stating that a check I received from the VA (in my name only) be added to the estate. Adding it is not the problem. The problem is knowing he went through my checkbook.

He's already taken my parents car (2009 Lincoln) their computer, family momentos, etc.

Idk. All I can say is that when my dad died I was devastated and didn't care what happened. But now - idk. Knowing that someone is going through my personal things while I'm at work is too much. I'm hoping to get myself together and correct this situation.

I thought the lawyer would be an instant solution, it isn't.

Again, very grateful for any advice.

 

[anteater]

Change the locks.

Make a list of the property that brother has removed so that you can petition the court for an order requiring him to return it to your control.

 

[tranquility]

Once again, has anyone been appointed executor of either parent by the courts?

 

[LdiJ]

Change the locks.

Make a list of the property that brother has removed so that you can petition the court for an order requiring him to return it to your control.

Ditto...change the locks.

 

[tranquility]

If the brother is the executor, wouldn't changing the locks be conversion?

If I were the executor and a tenant in a home I had control over changed the locks, I would send in a locksmith and change them back and sue the tortfeasor for the interference with my control. If he was a beneficiary, I might just reduce his eventual distribution for the damage.

 

[anteater]

If the brother is the executor, wouldn't changing the locks be conversion?

If I were the executor and a tenant in a home I had control over changed the locks, I would send in a locksmith and change them back and sue the tortfeasor for the interference with my control. If he was a beneficiary, I might just reduce his eventual distribution for the damage.

Since the OP stated that he/she was nominated in the will as personal representative, I admit that I am assuming that the OP would know if the brother had been appointed.

But the OP has disappeared just when the questions get tough!