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This executer has not filed the will with probate court. His brother was going to walk away from everything until his mothers belongings were being taken out of the house while she lay dying in her bed.

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Where was the person's residence on the date of death? The state law will give you some answers to your questions about the executor's duties.

In my state, Massachusetts, anyone in possession of an original Will document has a duty to deliver the Will either to the Probate Court or to someone who can properly file it with Probate Court. Here is what Section 2-516 of the Massachusetts Uniform Probate Code says about Duty of Custodian of Will; Liability:

"After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court."

http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/art2.pdf

An old state law in Massachusetts provided that a person interested in the estate may initiate proceedings to compel delivery of a will to the Probate Court by a complaint. When the Probate Code was put into effect in Massachusetts, the drafters said: "that appears to be implied in the last sentence of section 2-516."

A probate and estate settlement attorney in your state can advise on how state laws can help solve your situation.
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Isn't this the situation in which you're living with your BF, taking care of his dying mother, and the siblings want you out of the house and gone, as of yesterday?

Maggie is right. In legal terms, you have absolutely no standing on which to become involved or take action. If your BF wants to, he should see an attorney.
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Honsy, I know that you are very invested in this Dear Lady, but now you need to step back and let the family work it all out, and May God help them. You should put your efforts in to supporting your boyfriend, and into grieving your dear friend! God bless you!
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In my opinion, the people who have a dog in the fight need the advice of an attorney with their specific concerns.
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Excellent advice Maggie, as always!
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I don't want anything out of any of this. These people have done things I have never seen before. They didnt want me out when she almost choked to death a week before she died. Or when I had to empty the contents of her stomach. They were trying to justify their actions because they weren't there before she was admitted to hospice and lets not forget I made her a promise that I wouldn't leave her. Sorry so blunt but thats the cold hard truth.
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and where is he in all this re you?
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My bf is the one with the questions. I support him. See the executor is his older brother. His older brother and one of his sisters removed his mothers belongings from the house as she lay dying. An attorney asked him why he didn't do it. His answer was simply because I. would have never done anything like that.
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why did he ask him that? and is the attorney handling the estate, or at least supposed to be?
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Because we told him about it and I guess he thought we should have known they would do it. They took her will when she was still up and moving around and returned a copy. They took her life insurance policy before she died. I will tell you I come from a long line of losers but not one time have they acted like vultures. So at this time I'll stand up and say I'll take my long line of losers over these idiots anyday.
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