Legal Question in Wills and Trusts in Colorado
My brother was the executor of my mother�s estate. I was just notified that he kept and spent the final $60,000 instead of distributing it 1/3 to each child including himself. He has limited to no assets that would recoup the missing funds. What recourse, if any do I have to recover what I believe is my property? Would it be expensive?
2 Answers from Attorneys
If this action was expressly against the terms of the will, the other beneficiaries (the other children) can file an action in probate court for breach and other claims. An attorney would need to review the will and get more facts to advise you on the options and the cost. The first step, to save you money, would be for the attorney to write a letter to the personal representative (what an executor is termed in Colorado) to try to resolve this without going to court. Many attorneys, like our firm, provide for a free consultation and you can find out the fees and the like.
Your first step should be to file a Demand for Notice in the probate proceeding for your mother's estate.
Second, you can file an Objection with the Court concerning the Accounting, interim or final. You can also seek an Order of the Court removing your brother as the Personal Representative.
For detailed information and guidance, consult with an attorney specializing in estate matters.
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