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Old 11-04-2002, 04:21 AM
honestguy
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Default took the money and ran

My mother recently died in Florida where she lived. I was her durable power of attorney. She was in the process of moving to Maui Hawaii to live in my brother's cottage next to his house. She had already been terminally sick (skleroderma) but her disease escallated fatally during the process of selling her home and preparing to move to Hawaii. While she was in the hospital my brother and I sold her home as planned and arranged to have the things she wanted moved to hawaii moved there and the things she gave to me moved to Texas. The house sale was OK with me but I wanted to slow the moving process down because it was unlikely that she would live. Also I did not agree with paying $16K to move so much of her things to Hawaii given that the place she was moving to would not possibly accomdate them and the belongings were not worth even that much. (20 year old couches and refrigerators etc.) Also it was my belief that if she died I could never recover my share of her estate due to the costs of moving things back to the mainland. I was mostly interested in sentimental items. My brother would not listen and insisted that it was her wishes and that was the way it was going to be. He physically threatened me to not push the issue with him. The day after I closed on her house he withdrew all of her money form her bank account with the expaination that he would open an account for our mother in Hawaii. He never did. She died two weeks later and her reamains are in Hawaii. My brother was her choosen personal representative. Since then he has avoided most contact including certified letters. He finally sent a copy of her will to the county courthouse to be filed. My mother's friend talked the county out of fining him for filing three weeks late. He has refused to make an inventory or file the estate in probate court since he and I cannot come to a family agreement. The will splits everything between us 50/50 with some minor addendums to give a few thousand to three of her friends 20K to be put aside for a family trip and to care for her animal. (These addendums might not even be valid since they are to be drawn from accounts that do not exit or ever had the amount of funds in them that is designated.) My brother has distributed 5K to me and 3k to her friends listed. He claims to be waiting for any further medical bills to come in and $70 from her bank before he does anything. This only represents about 5% of the entire estate and he will not file in probate or discuss the estate globally so we can have some closure. Instead he makes wild comments about giving 5K to her dog money to people not listed in the will and incredible expenses for the cottage my mothe rwas going to live in should she have made it there. There doesn't seem to be any way to make him accountable. Has he broken any laws? Can he be sued for misappropriation of funds? Any suggestions would be helpful.
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