| breach of trustee duties
My brother in law (bil) is executor of my father in laws will. My father in law died in May of 2006. My sister told me during that summer that my children would get 1/2 the estate and my brother in law (a financial advisor is his line of work) was trustee for them. She told me that my children would get their past due child support amount which is 90K (they have a dead beat dad) and then the rest would go in escrow acct for them. Then she said, forget it, she wasn't supposed to say anything about the money. Don't mention anything to anybody. I asked her over the holidays twice if I could see the will or that I was going to talk to my bil. She advised against it saying he was greiving and its not a good time. I respected that. My bil never notified me about the details of my children's inheritence. So when I never heard anything, I obtained a copy of the will on my own in January 2007 and I found out it was probated in September 2006 and in fact my children are mentioned as beneficiaries of 1/2 estate and my bil trustee. The will indicates the money should be provided for health, support, maintenence, but my biggest desire is they go to college. The probate clerk told me that they routinely enter in $200.00 as the amount of the estate and thats what is there. I phoned my bil in January to find out the facts and to tell him that I was aware my children are beneficiaries to his father's estate. His comment, "how did you find out". I told him his father mentioned something before he died( I was loyal to my sister and did not mention that she told me the truth). I asked him how much was the estate. His comment," whats it to you?" I told him, as parent I need to know so I can steer my children and plan for their future. He asked me how ( a chuckle) could I pay for their college!"Do you really think you could save for their college? I told him, I would try, but I wanted to know what there was for them. He said enough money to sent them both to a really good college for four years. I asked if he could provide money for them now for expenses: clothing (they are both teens) and tutoring, he said no-its for college. I called again in February and asked him for money to help them out. I asked him for money to improve their life style, money for her dance class, his travel soccer, and tutoring so they would be prepared for college. He said no, its only for college and how it is such a tough decision for him to make. I asked again in June for money to pay for his neuro bill of $185, tutoring which I enrolled both in weekly for the summer and counseling for my son who is depressed now and has a new dx. add. He said the $ is only for college, but he would loan me money. He loaned me $1000.00. I've had it. I consulted an attorney who helped me write a letter to him asking for income for my kids and threatened to sue him personally for breach of fiduciary duties and to send an accounting to me in 2 weeks. My bil called me and told me the estate is the house, 25K and a car (which he gave to my mother by the way). He said he liquidated his assets when his father died and it only came to 25K. He said he had a lawyer to see if he can give the kids any income. The next day I called him and asked him about his liquidating the assets and requested an official document indicating my father in laws assets at time of death as awkward as it is. He screamed at me. Called me stupid and a liar. Told me he never wants any relationship with me. Does not want to see me, for me to call him. I told him to stop that I was driving and if he continues, I will hang up. He continued saying never to come to his house. I told him if he has to speak with me, he can through my attorney. I hung up on him. Now he sent me a letter asking if he can sent me the accounting in 4weeks. Thats in 2 more weeks. In the mean time, my sister wrote me that she is appauled with my conversations with her husband, that she coached me on how to handle her husband and I didn't listen. She told me our relationship is damaged and not to call her. At this point, I am waiting for the accounting, but also my bil bought a porche last summer and I wonder if he took some money. Is there anyway of knowing how much money was there and if my bil took any. If he was power of attorney, he might have even before my father in law died, but the will was written in 1995 (when my x-husband flew the coop) and my brother in law said that he was there and knew about this back then. Any advice?
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