my brother and executor of moms will

[gdmedwards]

What is the name of your state (only U.S. law)? texas
My brother persuaded mother to remove her name from her Dean Witter account approx. 10 years ago and leave only his name on it. His "reason" was to prevent us paying inheritance taxes later and to protect Mothers funds in case she went into a nursing home so the state couldn't take her assets. Mother had well over $200,000.00 at that time. He has never shared any informatiom with my older sister or myself on the status of these funds since, other than to inform us mom "lost a bundle" in the market sometime in 2001-2002 but he refused to say how much. Mom passed away in June 2008 and he has now feigned ignorance of will and probate procedures as to why he hasn't probated her will. When my sister asked him after the funeral about moms funds his reply was, "with the market like it is, they should stay where they are."
How are we to know what he has spent, what is left, and since the money has been in his name and sole control all this time do we even have a chance of receiving anything after he waits the 4 years he has to probate the will?
He is and always has been very financially comfortable, unlike my sister or myself. My sister is in her 70's and in very bad health. Her inheritance share would help a lot with her medical bills NOW! 4 years from now she may not be with us anymore.What is the name of your state (only U.S. law)?

 

[anteater]

Your brother is BS'ing you and your sister. Big time.

Someone with greater knowledge of Texas law may chime in. But, my opinion is that you are probably out of luck regarding that account. Legally, it is his now. And I would say that the chances of proving that the transfer to him 10 years ago was fraudulent or the result of undue influence are small.

Did your mother have any other assets?

You don't have to wait for him to probate a will. You and/or your sister have a perfect right to open probate. And, if there is a will in his possession, compel him to produce it. Ask several estate attorneys for an initial consultation (usually free) and retain one to help you open probate.

Ask the attorney about the chances of recovering that account. Even if legal action to recover it has little or no chance of succeeding, sometimes a well-played bluff will scare a person enough that they will be reasonable.

 

[gdmedwards]

Being unfamiliar with forums/posting...hope I clicked the right button to reply to your reply...!!
Thank you for the advise. Yes, mother had a housefull of furniture, automobile. etc...the majority of which my brother gave to his stepdaughter. Moms life insurance policy went to him I'm sure, as did the S.S. death benefit. She had a checking account which was in his name along with hers. Not sure how much was in it. Maybe $1000.00.
We all have a copy of the will. My brother resides in Utah, sister in N. Mex.
Do I HAVE to retain an attorney to open probate myself? I've always felt this was what he would do when the funds were put in his name and that was the reason he did it in the first place instead of why we were told.
I will do as you suggested and consult an attorney, but considering my minimal finances and the circumstances...Oh well.
Thanks again

 

[anteater]

Attorney fees are paid from the estate funds. It is possible to do probate yourself if you are willing to do an awful lot of reading and work. But, in your situation, it is definitely not a do-it-yourself project.

That is why it is important to gather as much documentation as you can before consulting with any attorneys. They should be able to provide you with a realistic analysis of whether it is worth it to fight it out with brother.