Father's Will

my name is steve and i am 40 years old, and i live in amarillo,texas. my father died when i was 10 1/2yrs old. i am the youngest of 3 brothers.my dad made my oldest brother executor of his will. i recently went on a family reunion 2 weekends ago and my aunt told me that my oldest brother did not appropriate the funds of my father's estate correctly to my middle brother and myself. my oldest brother used all of the funds from my dad's will to put down on a house for he and his wife. since he did not appropriate the funds correctly and do what the will said.....is there anything i can do to get my share of the estate now? a quick and thorough reply to the email address provided in my profile would greatly be appreciated!

JULY 30, 2001

DEAR STEVEAMA:

You really should post a follow-up reply to your message that includes your e-mail address--we can't read your profile, and you should have posted your e-mail address somewhere in your message.

You need to go to the county courthouse of the city where your father died to look at his probate file to see how the estate was handled (there should be paperwork in the file that shows all the financial aspects of what assets were there and how they were distributed). You can get copies of any documents in the file, since it is public record. You also need to find out from the county courthouse clerk if Texas requires that executors be bonded. If the answer is yes, you can possibly file a claim with the bonding insurance company to recover any monies you think were stolen, if you have proof.

But if you have documentation in the file that proves he handled the assets incorrectly or kept them for himself, you really need to consult a local lawyer about the possibility of filing a lawsuit against him to force him to either pay you what he owes you, or force him to sell the house and give you the money from the sale.

SINCERELY,

[email protected]