Legal Question in Wills and Trusts in Maryland

Re: Responsibility of Excutor of Will

Your brother may not do as he wishes. As an executor (if he is indeed named as the executor) he has a legal responsibility to act in accordance with the terms of the will. He may not act to contradict the will. If the will says the 7 siblings get a share, he may not keep the entire estate. Also I would advise you to probate the will if you have access to it. It doesn't have to be your brother. Get the will, take it to the Clerk of the County Probabe Court and ask to have it probated. They are very helpful and will assist you with the process. If your brother insists on liquidating the estate in violation of the will, you can hold him personally responsible by suing him. And finally, when a will is probated an executor has to be qualified. If you have corroborating evidence that your brother is not fit to be qualified to administer the will (because he refuses to abide by the tems of the will) you can challenge his qualification and if the court agrees the court will appoint another person to administer the will. Good Luck.