Hello,

When my great Aunt died in Texas in 2002, she left her entire estate worth over half a million dollars to my brother (executor), my sister (co-executor) and me (just a beneficiary). My mother was expecting to get something but was left out completely which was a surprise to her. Within a few days after auntie died, my brother asked the three of us to meet. Knowing that mom would contest being disinherited my brother asked that all three of us agree to "stick together" and not communicate with her. I agreed but made it clear that would only do so if they would agree to avoid a long legal battle by using mediation, either mediation or negotiation.

At the time I was working on my masters degree at a Texas university which offered free Texas certified legally binding mediation services to currently enrolled students. So, in 2004, I made all the arrangements. Everyone was on board and agreed except for my sister. Knowing how her husband disliked my mother, I feel very sure he was the force behind her breaking our agreement.

By 2008 when I learned that both representatives were "waiting on the other side" for 4 years, nearly $40,000 extra in legal fees went to the lawyers, I was able to convince mom to settle for $60,000.

Additionally, it is documented and was mutually agreed upon that I would get my great grandmother's antique table and an 1800's museum piece (item description withheld) that had been in the family for 5 generations. My sister sold the table for $25 and she claims she could not find the other item.

Do I have any way to claim compensation for the money lost by the broken mediation agreement? That's a lot of money wasted that didn't have to be. Can I hold my brother accountable as executor for waste by not perusing mediation?
What options do I have for the items "lost" and sold that I was legally entitled to?

Thanks,

Shafted

As far as the lost items it should have been noted at the time of her passing as to if they existed or not. As you had said that at a later date it was by mutual agreement that you were to receive those items. Was any of this in writing ? If so you might be able to sue your brother ( executor ) for the value of the items. Since he is the one directly responsible for distribution. But sadly as in many cases after a death in the family it causes a rift that splits siblings over a dollar. Is there legal recourse ( yes ) but is it worth it ? Only you can answer that.

The executor of an estate has a fiduciary responsbility to the estate. If you can prove that your brother acted in violation of that responsibility you could sue him.

But, like Califdad says, is it really worth it?