Legal Question in Wills and Trusts in Maine
Will Ignored /Family Member Took Over
Dad died 2/19/04 while I was away on vacation. My daughter called the brother to tell him that there was a will. She was told that there was nothing in the estate.My brother took it upon himself to take care of the division of monies and it wasn't according to the will's stipulations all within a 2 week period. I received a call from him yesterday telling me that there did end up being money and that I could pick up a check. I had no idea he had done this as I was named executor of the will. Everything was to be divided 4 ways between 3 children and his only grandaughter. This was clearly stated in the will. My brother had 3 checks cut and I have no idea what to do from here. I called him and asked him if he had filed any papers with the court and he said ''No''. I asked him if he had applied to Social Security for the death benefits and he said it wasn't worth his time. At this point, I'm not even sure that there was life insurance somewhere or what to do from this point. My brother found this money in a safe deposit box. What should be done in this situation? I have a terrible feeling that something is wrong here but have no idea where to do from here.
1 Answer from Attorneys
Re: Will Ignored /Family Member Took Over
Often it is difficult for me to give a direct response to an email question because the law is not usually black-and-white, and because there are usually many additional facts that need to be known in order for the situation to be properly reviewed.
However, in the situation you have described, regardless of your brother's good intentions (if that is indeed the basis for his actions), the law requires that a decedant's last Will be presented to the Probate Court and the Probate Court shall exercise authority over the handling of the estate. It is NOT your brother's decision if the Will should be honored. The executor named in the Will (or the executor's attorney) shall manage all of the specific chores of the estate by assembling assets, paying creditors, and distributing funds to beneficiaries, but the Court shall maintain the ultimate control over the process, and ultimately approve that the estate may be closed if everything is done properly.
By ignoring a known Will, failing to submit it to the Court for Probate, and distributing estate assets, your brother is exposing himself to significant personal liability as the Court may find that he has commited misconduct and he may personally owe the estate all of the money he has so far distributed. How much money is at stake?
I suggest you get an attorney to assist you if there is enough money at stake to justify the expense. My office regularly assists executors with the administration of estates. Feel free to contact me directly to discuss further, and/or I would be happy to refer you to an attorney in Bangor if you prefer.
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