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    Pdunnhill's Avatar
    Pdunnhill Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 13, 2005, 08:00 AM
    Help!
    undefinedundefinedundefined My Father died in 2004 and my youngest brother made sure that he was named "Executor" of my father's will two weeks before my Dad died. My youngest brother has claimed all properties, of value, from the estate, as his own and has disregarded any responsibilities as the "Executor" of my Dad's will.

    My question pertains to an antique pocket watch that I purchased for my Dad
    nine years before his death. The pocket watch was suppose to go to my older brother once my Dad expired. I requested that of my Father when I gave him the watch, of which, he totally agreed.

    The watch disappeared either right before or right after my father expired.

    It's my belief that my youngest brother took the watch and sold it in the State where he resides.

    Is there any organization that I can contact to see if my youngest brother sold or pawned the watch within his State of residence?
    If he has sold the watch and if I can trace the sale to him directly would I have any legal recourse in this matter? I live in California and my youngest brother lives in Louisanna.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
    Ultra Member
     
    #2

    Dec 13, 2005, 08:11 AM
    Legal action
    Hi,
    I am not sure about the watch, but your brother is not acting within the law, if he is not following your deceased Dad's Will as Executor.
    You would have to go to the state in which your brother lives, talk with a lawyer, and have the court, in that state, set a hearing , with you and your lawyer, on your brother's actions as Executor.
    He is accountable for proper execution of your Dad's Will.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #3

    Dec 13, 2005, 12:24 PM
    Yes, you need to consult an attorney here.

    However, if your Dad's will does not state that the watch was to go to your younger brother, then the Executor has every right to sell the watch and put the money towards the estate.

    But, get an attorney as overall, it doesn't seem like your brother is doing his job.

    Question though, Do you have a copy of your Dad's will? You should have one if you were left anything. In that case, look at it, who gets all the property?

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