QUESTION
How can I be sure to know what assets she had i.e. monies and so forth if I am not the executor?
Asked on May 23rd, 2013 on Estate Planning - California
More details to this question:
My grandmother died... the last will found of hers from 2000 named my father (James the executor) if he should pass... which he has the executor to be my aunt (Tamie). Her will states that her assets should be divided between James and Tamie and since James has died his kids. Me and my sister Jessica. How can I be sure to know what assets she had i.e. monies and so forth if I am not the executor. How can I know it is honest and do I have to get an attorney? My aunt Tamie has been searching for a more current will... this is because I believe she thinks my grandmother would have left all her estate to her boys. This concerns me.
14 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Hire an attorney and file for probate. You may not have an equal priority as your Aunt to be come executor but it forces the issue and gets the estate started. If she cannot produce a current will, the old will will be be probated. An inventory of the estate assets is due within 56 days after the appointment of a PR.
Answered on May 27th, 2013 at 9:07 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is nothing you can do about whether there is a new Will or not. There either is or there is not. If there is, you will need to decide whether or not to contest the Will. If there is not, your aunt would need to file an inventory listing all assets in the estate. I suppose it is possible for her to cheat, and if you think that she is going to do so, you should retain an attorney to keep an eye on things
Answered on May 27th, 2013 at 12:07 PM
Someone has to file the Will with the County probate court and ask for a personal representative to be appointed. You can do that. You can ask for yourself to be appointed. If you are appointed, your attorney's fees will be paid and you will be in charge of the administration of the estate.
Answered on May 27th, 2013 at 12:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The personal representative will file an Inventory with the Court. Ask the personal representative for a copy of this Inventory. If the probate is open for a year, the personal representative will file an Annual Account; or, if it is closing, she will file a Final Account. This will show all disbursements from the probate estate and the final disposition of the assets. What anybody thinks about what grandmother would have wanted in completely irrelevant. There is a will that says what grandmother wanted. The PR has to do what the will says.
Answered on May 27th, 2013 at 12:06 PM
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She will probably needs to be appointed by the court. If you have concerns you should at least consult an attorney to determine if you need/want representation.
Answered on May 27th, 2013 at 12:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are strongly advised to seek the assistance of a probate attorney who can provide beneficiary representation to you to protect your interests in the estate; short of that go to the superior court, probate dept, to look at the will/court file, that was supposed to be filed upon the death of your grandmother; the probate court would be located in the county of the residence of decedent at time of death, and obtain a copy of the documents for the probate attorney you should see for legal assistance.
Answered on May 24th, 2013 at 2:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I suggest you get an attorney. Tammie is obliged to file an accounting that details all of the assets and liabilities. However, there is no guarantee she is not hiding something and an attorney may be able to intervene and demand more information.
Answered on May 24th, 2013 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have these concerns you need to take them to your personal attorney for advise and counsel.
Answered on May 24th, 2013 at 1:15 PM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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Go to the Family Court and ask to see your grandmother's court file. If she died with a will and not a living trust, a probate should be opened and there would be an inventory filed which would show cash, bank accounts, real estate, and other assets. If you don't believe that things are honest, you definitely need to hire an attorney. If your aunt Tamie finds a will, and it is different from the will submitted to the court, you should also hire an attorney because there is probably fight on your hand.
Answered on May 24th, 2013 at 1:15 PM
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I suggest you get an attorney. It is impossible to know 100% if all assets have been properly accounted for. That said, it is difficult to transfer assets in a will without probate, going through an estate account, and court oversight.
Answered on May 24th, 2013 at 1:15 PM
The executor is required to prepare an Inventory. You are entitled to see this. You can get this from the executor. If you are not receiving required information you can file a Demand for Notice in the probate proceeding. For more detailed information, you can visit with an attorney specializing in estate administration.
Answered on May 24th, 2013 at 1:15 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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When she does the required filings with the Register of Wills she will need to do an inventory which you are entitled to see. Also, the First and Final Account must be sent to you for your approval and if she does not send it to you the Register of Wills will. So you will have a chance to object to anything you find troubling.
Answered on May 24th, 2013 at 1:14 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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How long ago did your grandmother die? She is required to deposit the will with the court within 30 after the death. If she does not file a petition for probate by then, then you can do so. If you want to disqualify her from serving, then you can object or request that the court order a bond. For this, you should consult a lawyer. If she is appointed executor, she will be required to file an inventory. If she does file a petition fro probate, you will get notice. Be sure to file a Request for Special Notice.
Answered on May 24th, 2013 at 1:14 PM
When the probate is filed, the personal representative will have to file an inventory listing all the assets.
Answered on May 24th, 2013 at 1:14 PM