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Estate Handling

Asked Aug 18, 2009, 04:15 AM — 1 Answer
My Mother passed away suddenly on July 25th 2009.
A Will was found, dated 1994, naming my Brother as Administrator of the Will.
My Brother has not done anything required to run this Estate....No Estate Account has been established...He has not been sworn in by the Register of Wills. No bill shave been addressed in any fashion.
My Mother was an Antique Dealer.
My Brother has been in the house daily boxing and selling items from the house. Proceeds are being deposited to his personal account...then he is offering me a small amount of the proceeds.
My question is this...
First, does he have the right to be doing anything in the house before being sworn in as Administrator?
Second, does he have the right to sell and take payment for anything in the house without the monies going through an Estate account?

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ScottGem Posts: 58,116, Reputation: 28145
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Aug 18, 2009, 05:00 AM


On the First question, it depends on local laws. Not all Wills have to be probated, but it certainly appears your mother's should have been.

On the Second question, the same holds true, An Estate account is not absolutely necessary.

However, he is required to keep a full and accurate accounting of any transactions made as part of the estate. But it certainly sounds like he's looting the estate.

So you need to get a lawyer and file a challenge in local Probate court forcing him to act properly as an Administrator or relinquish the position. And to provide an accounting to all the heirs.
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