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<blockquote data-quote="Snow White" data-source="post: 716533" data-attributes="member: 355"><p>So sorry to hear of your mother's passing. Along with the grieving, you are left with the messy estate cleanup. </p><p></p><p>Part of me wants to tell you to run away but the other part says that this is too important of a job to leave in your brother's hands. You are most likely correct that if your mom was in good mental health, she would have not had your brother as an executor.</p><p></p><p>I have executed several estates but all were done peacefully and amicably. However, my grandmother's estate was something else. My father and his sister were named executors. One of the "half-brothers" got it in his mind that terrible atrocities had been committed in the administration of the will. The probate had to be unsealed and reviewed by the court. It was determined all was legal but he was never happy and dragged it on and on for years. </p><p></p><p>I have always believed that the biggest and last gift we can give our parents after their death (if asked to do so), is to administer their estate as they wanted it to be. Your brother's opinion of you (and his siblings) is of no matter - clearly he would have had these opinions regardless of being a co-executor. Sadly, in your case, legal fees are probably going to eat up so much of the estate if the arguing can't be stopped. But in this case, I would likely get a new legal consultation and see if this can be handled by the lawyer and/or judge/court official in order to expedite probate. If your brother continues to put up roadblocks, perhaps the court could assess his "mental status" and force a move forward on this?</p><p></p><p>Once you get probate, distribute the assets and 'get out of Dodge'!</p><p></p><p>Just my two cents worth. Not sure if it helps at all.</p></blockquote><p></p>
[QUOTE="Snow White, post: 716533, member: 355"] So sorry to hear of your mother's passing. Along with the grieving, you are left with the messy estate cleanup. Part of me wants to tell you to run away but the other part says that this is too important of a job to leave in your brother's hands. You are most likely correct that if your mom was in good mental health, she would have not had your brother as an executor. I have executed several estates but all were done peacefully and amicably. However, my grandmother's estate was something else. My father and his sister were named executors. One of the "half-brothers" got it in his mind that terrible atrocities had been committed in the administration of the will. The probate had to be unsealed and reviewed by the court. It was determined all was legal but he was never happy and dragged it on and on for years. I have always believed that the biggest and last gift we can give our parents after their death (if asked to do so), is to administer their estate as they wanted it to be. Your brother's opinion of you (and his siblings) is of no matter - clearly he would have had these opinions regardless of being a co-executor. Sadly, in your case, legal fees are probably going to eat up so much of the estate if the arguing can't be stopped. But in this case, I would likely get a new legal consultation and see if this can be handled by the lawyer and/or judge/court official in order to expedite probate. If your brother continues to put up roadblocks, perhaps the court could assess his "mental status" and force a move forward on this? Once you get probate, distribute the assets and 'get out of Dodge'! Just my two cents worth. Not sure if it helps at all. [/QUOTE]
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