What to do

[Maryann Kranjac]

My husband and I have been the primary caregivers of my mother for the past five years. She was living with us and she has passed away. After her death and all her bills were paid I closed her account and split the money 50/50 with my brother per her will. He was executor of the will. I have not seen or heard from my brother in 5 years after he received the check for $16,000 he wants me now to give him documentation of how the rest of the money was spent. there was only $114,000 from the beginning. All the money was spent on care for my mother aids and helpers until she went into the nursing home for two months and died. Do I have to show him this documentation? he didn't even know he was executor or that ther was a will until I told him.
He didn't even go to the funeral. Help

 

[ALawyer]

If HE was named executor it was HIS job, not yours, to wnd up her estate and make distributions. What you should have done was to tell him he was named executor, and asked if he wanted to do the job, and when he said no, signed a paper to have you named as substitute executor. As the amount was small there would have been simplified procedures in most states.

Now you have some choices:

1. you can cooperate.

2. you can tell him he's welcome to go to court and get appointed and when he does you'll give him all the papers.

3. you can get a lawyer to handle this for you -- which you prpbabl should have done originally.