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    notta's Avatar
    notta Posts: 1, Reputation: 1
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    #1

    Oct 20, 2012, 10:35 AM
    Getting ugly now. Could use some help please
    My father just recently(2 months ago) passed and he left everything to me and my brother (50/50.) He made my brother the executor. At first we were getting along, but it's getting nasty between us real quick to the point that he won't even talk to me. It's now to the point that I want to get through this as quick as possible and go our separate ways.

    I want to protect myself but from everything I've been reading the executor has all the power and I can't do anything about it. From what I've been reading it seems to me he could strip that house bare and tell me all we have left is this couch to split between us and again I couldn't do anything about it. I have taken pictures of everything in the house but I don't know how well that would hold up. The will states that we are supposed to split everything in the house and whatever is left from the sale of his home. I really don't care how much money I get as I do about some of the sentimental things in the house. Some of the things I want I heard from other family members that he plans on giving to his children. This is not fair. Not only does everyone in the family know how much these things mean to me, but I have purchased many of these items for my father over many years for xmas presents and such.

    He has created the estate account and closed all the accounts needed but we are coming up on the 3 month mark and he/we have not done the inventory step. He said, when we were talking, that the inventory step was a waste of time. When the house sells he will have enough the pay my fathers outstanding debts so he said an inventory was not necessary.

    My brother is a dead beat and does not have a job so from what I have heard from other family members he is pushing very hard to get all the assets out of the house so if the house sells everything will already be gone. Since he doesn't have a job he can go in there anytime while I'm working and remove things without me knowing. Is there anything I can do to protect myself against this? These items mean the world to me and I really need some help here.

    Thank you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 20, 2012, 11:40 AM
    Well sure. File a motion in the court where the will is being probated, and request supervised administration. Which state (or country) is this?

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