QUESTION
How can I find out more information about my mother's estate?
Asked on Nov 09th, 2011 on Estate Planning - New York
More details to this question:
In November 2009, my 93 year old father fell down the stairs in his home, my mother was in the early stages of dementia so my brother took over their affairs including their care. I had lost my daughter in 2007 and my husband in March 2009. I am disabled and in a wheelchair so I was unable to be of any real assistance. My dad passed in April of 2010 he had a will for many years for him and my mom it was kept in a safe in the basement of their home. My brother sold their home June 1st 2010 and took my mom to his home to live. My mom died February of 2011. My brother entered my mom’s estate as being with no will. He tells me there is nothing left. I asked to see the receipts of everything and he says that he threw everything out. That he just wants to be done with it all. I know that there is no way that everything is gone. What can I do? I don't know what my options are.
5 ANSWERS
Donald B. Lawrence
You are in a difficult position. Probably the time to have started asking these questions was in April of 2010 when your father died or when the home was sold or when your mother died, or all of the above. There should be records that you may be able to access to show what the house was sold for in June, 2010 (usually the consideration paid is stated in the deed). He should be able to account for that amount. The probate court where your mother's estate was filed may be able to provide some information. Your brother has not done himself any favors by claiming to have discarded all records within 8 months of your mother's death. It is likely that you will need the assistance of an attorney and also that you will likely have to pay an attorney to pursue this issue of an accounting. Unless you think there is some significant amount involved, as much as you want the information and an accounting, you may not get very far. If you mother's estate is not yet closed, your brother will have to send you notice of his filing of an application to close the estate and, in response to that notice, you can request a hearing before a judge to ask for a formal accounting. You are the one who has to decide how important this is to you and if you are prepared to venture the costs involved.
Answered on Nov 23rd, 2011 at 2:25 PM
3 Awards
First and foremost, this may be a big undertaking. You can go to court to be appointed as the administrator of the Estate then investigate what occurred. This is not an inexpensive process as you will be forensically tracking down the transactions, since your brother destroyed the records. You should speak to an attorney who can advise you of what is required and the costs associated with certain options that you could pursue, which would include filing with the court, getting appointed, obtaining copies of all bank statements and checks, reviewing the escrow documents, etc.
Answered on Nov 18th, 2011 at 11:01 AM
Probate Attorney serving Newport, OR
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You say your brother "entered your mom's estate. Does that mean he has filed for administration of the estate with the probate court? If yes, then the court proceeding will say what your mother owned, and there will be an accounting of how it is expended. If you know of specific assets that aren't included in the probate filing, you can raise that issue with the court. I'm sorry to say that it may well not be true "there is no way everything is gone." Many, many Americans now exhaust their entire estate paying for health care and long term care at the ends of their lives.
Answered on Nov 17th, 2011 at 3:20 PM
I am assuming that you are in Oregon and that Oregon law applies. Your brother may be absolutely correct and to the extent that he retained any of your parents funds, he may have earned it many times over; but, he should be able to show you his records and an accounting for the money and property. He should not have thrown them away and there are legal requirements that must be followed to keep funds from a parent's estate. There are several ways to approach this; however, most likely the most efficient would be to start a probate for your mother's estate. If you are appointed the personal representative, you will have the authority to obtain the bank records and compel your brother to explain what he did. It will take money to fund the probate estate and a fair amount of time and energy. You probably should evaluate your basis for thinking that there is money left and quantify it to decide if it is worth it to pursue.
Answered on Nov 17th, 2011 at 1:50 PM
1 Award
It sounds like you may be too late. Your only option, and it will take significant legal work, is to reopen the estates for an accounting.
Answered on Nov 17th, 2011 at 10:02 AM