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Property removed from estate

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way2passionate

Junior Member
What is the name of your state (only U.S. law)? Idaho

My Father died (suicide), left a "holographic will", he did assign an executor. We (my brother, sister and executor) met with an attorney last Thursday to get the legal ball rolling with regard to probate. Since that time, all h*ll as broken loose with my brother.
Problem is, my Brother went to my fathers house and removed 2 truckloads of very valuable items and legal documents ie: titles, files, etc... (both monetary and sentimental value) and who knows what else. He removed a Harley Davidson Motorcycle (Softail Custom) that he was never allowed to ride and is currently riding it. He is very angry at how my father died and has alot of guilt which has turned to anger over not having a relationship with him most of his life, (I assume). He is accusing my sister and I basically killing him (emotionally) over the years and now of hiding financial documents. My Father has helped the both of us (Sis and myself) financially in times of struggle and our education over the years. Sis, myself and our children had very close relationships with Dad, brother and family did not. He is totally out of control there is no talking to him, we have tried and it just gets worse.

I called the police and they told me that the removal of the property is a civil matter. The executor is my Dad's brother and is very torn emotionally and "feels sorry for my brother" because his children were left out of the will. He has no idea the relationship between brother and Dad.

What recourse do we have and how do we go about getting the items returned to the estate so they can be distributed fairly?
:confused:
 


anteater

Senior Member
What recourse do we have and how do we go about getting the items returned to the estate so they can be distributed fairly?
You tell your uncle that it is his duty as the executor of the estate to gather and protect the assets of the estate. If he is not willing to do that, he should resign. And, if he is unwilling to do either, that you will petition the court to have him removed as executor.
 
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