Brother as Executor

[Ericme]

What is the name of your state (only U.S. law)? Virginia

My parents have left a will that was drawn up by a local attorney. It basically leaves everything to my brother and I with a 50/50 division of assets. It also names my brother as executor. My brother and I don't share a favorable relationship. Is there any way he can make this division of assets without my agreeing to his terms?

 

[tranquility]

Is there any way he can make this division of assets without my agreeing to his terms?

Yes. You have no say is the distribution or division of assets.

IF in the distribution he breaches his fiduciary duties, THEN you could sue.

 

[anteater]

Is there any way he can make this division of assets without my agreeing to his terms?

Your question is awkwardly worded. What do you mean by "agreeing to his terms"?

The executor follows the will's provisions. If he does not, you petition the court to order him to do so.

 

[Ericme]

Your question is awkwardly worded. What do you mean by "agreeing to his terms"?

The executor follows the will's provisions. If he does not, you petition the court to order him to do so.

If his version of the division of assets is not equitable. He has already asked for all monetary assets and would leave the real estate property to me. Thanks

 

[tranquility]

That would be benefiting himself over another beneficiary, which would be a fiduciary breach.