Inventory not taken by executor

[cjmahr]

What is the name of your state (only U.S. law)? CA
My mother passed away in July and the executor of her will was appointed by the probate courts in October. The executor never took inventory of the belongings. My brother has lived there for the past 20 years and took my mom's jewelry, my grandmother's jewlery, china and other personal belongings. The will states that all things were to be divided equally amongst her three children. Do I have a case against my brother or the executor? Is there any way to get my mom's belongings back? Should I hire my own attorney?
Thank you for any input.

 

[anteater]

Do I have a case against my brother or the executor?

You can certainly petition the court to demand that the executor fulfill his/her responsibilities or be removed. You don't really have standing to sue brother; the executor does.

Is there any way to get my mom's belongings back?

That is the executor's job. (Did the brother finally move out?)

Should I hire my own attorney?

If you decide that court action is worth it, you probably should.

 

[cjmahr]

The brother finally moved out and trashed the place. How long does an executor have to take inventory? Shouldn't this have been done as soon as she was appointed? So, the executor can sue the brother for taking the items even though she didn't do an inventory? How can she prove what was taken?

 

[cjmahr]

Let me clarify, the brother moved out after being given an extension by the executor's lawyers. I believe this is when my mother's belongings were removed.

 

[anteater]

How long does an executor have to take inventory?

In California, the personal rep has 4 months after letters are issued to file the inventory, although the court can grant further time.

So, the executor can sue the brother for taking the items even though she didn't do an inventory?

Sure. Whether she can prevail...

How can she prove what was taken?

Yep, there lies the problem with personal property. If brother is an accomplished liar, it may not be possible. Any pictures? Any appraisals? Any credible witnesses that the items were there when mother passed away?

If the executor has an attorney, a "RETURN THIS STUFF.. NOW!" letter is worth a try.