Challenging an Executor

puckerman

Ostrich
Has anyone ever challenged the executor of an estate? In this case, my oldest brother "Major" died at 68 on 15 June. He had no kids and no wife. My second brother "Leo" is the executor and doesn't seem to want to do anything. There is also a third brother "Saul," and Leo is basically doing whatever Saul says.
 
Last edited:

get2choppaaa

Hummingbird
Orthodox
Has anyone ever challenged the executor of an estate? In this case, my oldest brother Michael died at 68 on 15 June. He had no kids and no wife. My second brother John is the executor and doesn't seem to want to do anyhting. There is also a third brother Mark, and John is basically doing whatever Mark says.
Have you contacted an attny that specializes in this? That'd be my number 1 start point.
 

puckerman

Ostrich
Have you contacted an attny that specializes in this? That'd be my number 1 start point.

I am already talking to a lawyer who was in contact with my oldest brother during the past year.

The problem is that you can only talk to a lawyer for free for so long. Is "call a lawyer" seriously the only advice you have to give on this?

You may also observe that my question is: "Has anyone ever....?" If the answer to that question is no, I didn't invite you to comment in the first place. When I post on message boards, I want to talk to people have EXPERIENCE, not pointless theories.
 

Thomas More

Crow
Protestant
Has anyone ever challenged the executor of an estate? In this case, my oldest brother "Major" died at 68 on 15 June. He had no kids and no wife. My second brother "Leo" is the executor and doesn't seem to want to do anything. There is also a third brother "Saul," and Leo is basically doing whatever Saul says.
I am waiting for an inheritance, and have read about this online. My first impression is that it is very hard to do anything about this. If you lawyer up and sue, the lawyer will be the one that wins. In my case, I stand to receive a relatively small amount, and I am prepared to walk away rather than subject myself to the stress and frustration and hassle of challenging the executor. Fortunately, I had a positive update just this week, but frankly, I wasn't expecting it. I will say that I know the executor has had to deal with a great deal of paperwork with dozens of institutions and conflicting rules and requirements. This is all in spite of having taken some care to have things squared away before the death.

Is Leo gaining some advantage by delaying? Do you suspect he will try to deprive you of your rightful inheritance? Maybe he's just procrastinating. If he has good intentions and is just failing to deal with the hassles, maybe he would accept some assistance in taking care of things. It can be a big hassle to settle an estate.
 

get2choppaaa

Hummingbird
Orthodox
I am already talking to a lawyer who was in contact with my oldest brother during the past year.

The problem is that you can only talk to a lawyer for free for so long. Is "call a lawyer" seriously the only advice you have to give on this?

You may also observe that my question is: "Has anyone ever....?" If the answer to that question is no, I didn't invite you to comment in the first place. When I post on message boards, I want to talk to people have EXPERIENCE, not pointless theories.
Easy pal. I can see you're emotional on the subject... I would be too...

I asked to see what the baseline was and find how far along you are in the process since you provided none of that in your above post.

My mother in law is a lawyer. She's done work in this category. I would probably be able to ask more about it on perspective and legal proceedings. You're going to have to go to court and file suit to challenge the executor of the will. It will be costly and ugly... But it might be worth it if there's something worth it in the will or for the kids ECT... Since you gave very little context no idea how to further help.

I don't know why you think posting 2 sentences in an online message board merits you to be half full with the information then respond like a Jabronie when people ask a question on where you are in the process. For all we know from your post you've not done any research other than phone a friend....

Ultimately if you want to get stuff done.... You gotta pay and sue.

Maybe a little finesse in communication might get you more assistance.

I'll bow out and good luck.
 

puckerman

Ostrich
I'm not sure how comfortable I am talking about this subject online. Major had two dogs who have essentially been home alone since he went into the hospital during the first week of May. Apparently, someone has been checking on them twice a day. This is still the situation.

I am far away and am the most active on social media. I emailed Leo and asked him about the dogs. He said that the dogs could go when a new home was found for them. I spent probably five or six hours looking for a new home. When I called one of Major's friends and asked him to visit the potential dog adopter, Saul threw a tantrum about it. So, Leo changed his mind and decided that the dogs will stay at the house for god knows how long. Leo is just kicking the can down the road.

This isn't the first time this has happened--Saul overruling Leo. When I went up there for ten days, Leo said I could drive Major's car and stay at Major's house. Saul also threw a tantrum about me driving Major's car. During that time, I also got Major's car inspected since it was due at the end of June. By the way, Major and I both have car insurance with State Farm, so I doubt me driving his car was a problem.

So far, this isn't about money. It's about doing the right thing. I think Major would want his dogs to have a loving home and would probably like them to stay together. I honestly don't think Leo will try to commit any fraud or malfeasance. Then again, his main prerogative in all this is kissing Saul's ass. It's hard to tell what he might do.

I also have serious questions about Saul and his mental competence. He is not in good health and has become very incoherent. He shouldn't be making decisions about any of this.
 

puckerman

Ostrich
And, if I was in a position to take Major's dogs, I would take them.

When I was little, I thought Leo was the greatest person in the world. I don't know if I will ever look at him the same way again after all this.
 

Thomas More

Crow
Protestant
I'm not sure how comfortable I am talking about this subject online. Major had two dogs who have essentially been home alone since he went into the hospital during the first week of May. Apparently, someone has been checking on them twice a day. This is still the situation.

I am far away and am the most active on social media. I emailed Leo and asked him about the dogs. He said that the dogs could go when a new home was found for them. I spent probably five or six hours looking for a new home. When I called one of Major's friends and asked him to visit the potential dog adopter, Saul threw a tantrum about it. So, Leo changed his mind and decided that the dogs will stay at the house for god knows how long. Leo is just kicking the can down the road.

This isn't the first time this has happened--Saul overruling Leo. When I went up there for ten days, Leo said I could drive Major's car and stay at Major's house. Saul also threw a tantrum about me driving Major's car. During that time, I also got Major's car inspected since it was due at the end of June. By the way, Major and I both have car insurance with State Farm, so I doubt me driving his car was a problem.

So far, this isn't about money. It's about doing the right thing. I think Major would want his dogs to have a loving home and would probably like them to stay together. I honestly don't think Leo will try to commit any fraud or malfeasance. Then again, his main prerogative in all this is kissing Saul's ass. It's hard to tell what he might do.

I also have serious questions about Saul and his mental competence. He is not in good health and has become very incoherent. He shouldn't be making decisions about any of this.
This is just me, but if I were in this situation, I would let it go. The dogs will be alright. Saul and Leo will have to deal with themselves. I have family members with varying levels of problems, that I can't do anything about. I have to just leave it in God's hands. I can't take that kind of stuff onto my shoulders.

Of course, your situation may be a lot different, but when I read your description, it makes me think my reaction would like this:

nope-llama.gif
 

puckerman

Ostrich
My mother in law is a lawyer. She's done work in this category. I would probably be able to ask more about it on perspective and legal proceedings. You're going to have to go to court and file suit to challenge the executor of the will. It will be costly and ugly... But it might be worth it if there's something worth it in the will or for the kids ECT... Since you gave very little context no idea how to further help.

I don't know why you think posting 2 sentences in an online message board merits you to be half full with the information then respond like a Jabronie when people ask a question on where you are in the process. For all we know from your post you've not done any research other than phone a friend....

Ultimately if you want to get stuff done.... You gotta pay and sue.

Maybe a little finesse in communication might get you more assistance.

I'll bow out and good luck.

How was I supposed to know that you have any knowledge on the topic either?

You also could very easily asked: "Where are you in the process so far?" That wasn't the question you asked.
 

get2choppaaa

Hummingbird
Orthodox
Sir, I am merely trying to help you since you're the one with the problem.

Just a helpful tip: if you would have lead with the comments in your post describing the situation with the dogs then you'd be able to cut to the chase much quicker...

I think you're out of luck here sir.

Here's were I tell you that common sense dictated wills require legal interpretation. Thus if you're not actively using an attorney to negotiate your interests in the will you are doing exactly what you talked about "discussing theories".

Frankly it doesn't sound like you have any moves to make here...but if you are willing to go down the rabbit hole.

You can: hire an attorney
You can: call animal serves and try and get the dogs picked up.
You can: walk away.

Ultimately if your deceased brother dictated his other brother to executive the will, and there's no illegality... You're going to waste your money... As most likely the court is not going to care. Since you won't take the dogs you're giving up any say at that point too.

Sorry, but that's where you are.

Best of luck and sorry for your brothers passing. Deaths can bring a family together or tear them apart.
 

Penitent

Woodpecker
Orthodox
see Luke 12:13-15:
"And one of the company said unto him, Master, speak to my brother, that he divide the inheritance with me. And he said unto him, Man, who made me a judge or a divider over you? And he said unto them, Take heed, and beware of covetousness: for a man's life consisteth not in the abundance of the things which he possesseth."
 
Last edited:
Top