Legal Question in Wills and Trusts in Missouri

I was fifteen when my Dad passed in 2003.

My oldest brother from my father's previous marriage, appointed himself as the executor over my Dad's estate because he had no will. He did have a note instructing us what he wanted to happen, but that doesn't do anything for these situations.

We did not end up in probate court, but my siblings and I did meet in front of a lawyer who drew up all our paperwork and our agreements we made that day and witnessed us sign the documents stating how the personal property of my now dead father would be distributed.

Myself and my full brother were reluctant to sign, but we did and we held up our end of the deal...paying for everything we were told should be divided into fourths that day. We got the house that was worth next to nothing in the exchange that the older two siblings would get the property in the country.

There was a 65 Ford Mustang in which we paid for their share of in order to keep in the famil y because it was originally my mother's grandmother.

Other than that there were agreements made that said as for the coin collection, antique pump organ that was my full sister's who passed in 1998 at 16 yrs old, the door and woodwork that myself and my Dad had removed from my grandmother's home together for me when I got married, the bar turned storage property on hwy 59, the gun collection and other little things that had little to no value besides sentimental, my oldest brother urged us to decide at a later date to get the process moving along for vehicle licensing and property deed renewal and so on.

We were supposed to split everything four ways. Decide amongst ourselves and if we couldn't then we agreed that it would be sold and then we would split the money between us four. Leaving us with at least the option that if we wanted certain things we had the option to buy them from the estate.

None of this ever happened and my oldest brother sold everything without sending any of us..remaining three a cent.

Besides that he convinced my parents after my full sister who died at 16 to place their money from her insurance settlement in an account for me in his name at his bank in order to draw a locked high interest. Twenty five thousand dollars was put in the account maturing when I turned 18 in 2005 it would turn out a total equaling 35,000 dollars It was for me for my future. College, marriage, whatever I needed it for, but he never distributed that to me ever. H e sent a letter in the mail explaining the 12,500 dollars of my father's should be part of the estate. Thus it should be split into fourths and he would return my mothers 12,500 dollars to her in full. Over four years we other three siblings should receive our portion of the 12,500 dollars in which my Dad put in the account and he never mentioned what happened to the interest which was the only reason the two of my parents put their money from my sister's death in the account to begin with. As you can guess....he never sent any of us including my mother a dime.

What can be done now that it has been so long is there anything? I was so young then and I didn't know my rights and could not pay for a lawyer, but ity feels unjustified and he should be held accountable

Asked on 6/13/16, 2:32 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Many actions that come to mind may have expired. But, if you'd half brother was set up as trustee, he owes a fiduciary duty to you and your siblings. Obviously, at fiftenn, you could not agree to a contract, and had the option of cancelling the agreement when you turned eighteen. The lawyer knew that, and should have seen that you had separate legal counsel or a conservatorship. You might contact the office if chief disciplinary counsel with the Missouri Bar. At the least, you need to consult directly with a private attorney, in your area, before deciding what to do. You weren't able to provide enough information on here to get a complete picture of what occurred.

Good luck

Read more
Answered on 6/16/16, 5:41 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri