QUESTION
What can we do if my brother the Will executor will not talk to us?
Asked on Jul 02nd, 2013 on Estate Planning - California
More details to this question:
My brother is my family’s executor. He has not talked to anyone about my mother’s estate and when my sisters call him he will not call them back. We would like to know is he suppose to give us a detailed letter on where the money was spent also my mother lived with me for the last 4 months of her life it took me and 2 of my daughters to take care of her we did not receive a dime for this. What are my options?
13 ANSWERS
You can not collect for the gift of your time since you did not say at the time that it was not a gift. If your brother was not appointed administrator of the estate by the Court, you can probate the estate and have someone else appointed administrator. Read some lay person books on estates, such as those by Nolo Press and point out to your brother why he has to turn over a list of the expenditures or he can get into trouble with the court and be sued by the rest of the heirs. You may end up needed an attorney to write a nasty letter to him.
Answered on Jul 14th, 2013 at 10:40 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your option is to contact a probate litigation attorney to sue your brother for an accounting of mother's estate.
Answered on Jul 05th, 2013 at 4:17 AM
First, the will would have to be probated in the County where she died/lived. The executor must file a petition detailing the assets of the estate, debts,etc. He must provide the court with an accounting. That information is public. Check with the county probate court to see if such a petition to probate the will was filed. You should be able to discover what monies and other assets were in your mother's estate.
Answered on Jul 03rd, 2013 at 9:21 PM
Real Property Law Attorney serving San Francisco, CA
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Law Office of Barbara A. Goode
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He is supposed to lodge the will in the county courthouse where your mother passed. If you are named in the will you are entitled to a copy of it and can get one from the court. If he has failed to lodge the will and won't speak to you, you should consult a local attorney to help you petition the court to begin probate proceedings. If your mother had a living trust it may be even harder to obtain information and you will need to help of an attorney.
Answered on Jul 03rd, 2013 at 1:30 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Your brother is obligated to provide you the information you seek. You need to retain counsel and have him/her enter appearance in the estate (in probate court). Counsel can request the court order the executor (actually, the correct term is "personal representative") to provide the information on a continuing basis as he informs the court of his activities.
Answered on Jul 03rd, 2013 at 9:46 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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At some point, the executor is required to provide an accounting to the heirs/legatees, and you will have an opportunity to question the accounting. You could also contact the attorney who is handling the succession, and request information.
Answered on Jul 03rd, 2013 at 9:30 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Hire an attorney to intervene in the probate estate and see what is happening.
Answered on Jul 03rd, 2013 at 2:56 AM
Options: 1. File a Demand for Notice with the Court. 2. Speak with an attorney specializing in estate matters.
Answered on Jul 03rd, 2013 at 2:56 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can go to the courthouse and look through the file. Or you can file a proceeding to force him to give accounting to the beneficiaries.
Answered on Jul 02nd, 2013 at 11:52 PM
If you are beneficiaries of the will you have a right to an inventory of the estate. This includes assets, debts and income. If you believe that there is foul play going on, you may file a motion to show cause to determine whether there has been misappropriation/mismanagement of the estate.
Answered on Jul 02nd, 2013 at 11:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a number of issues and the answers depend on whether there is an estate open or not. If there is not, then your brother is not the executor. If there IS an estate open, then he must give you an inventory of assets and at least an annual account listing any income and expenses. As for you collecting for your services to your mother, it is probably too late for that. Unless you had a written caregiver contract with her, then your actions are presumed to be gratuitous.
Answered on Jul 02nd, 2013 at 11:34 PM
2 Awards
File a Petition for Probate to force him to come forward with the will. He will then file a Petition for Probate and once it is in probate you can demand an accounting. If it is a small amount of money it will be more difficult because probate may not be required. Speak with a local attorney to get some advise.
Answered on Jul 02nd, 2013 at 11:23 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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How long has he been executor? How long ago did your mother die? Have you gotten any notices or other documents? Definitely file a Request for Special Notice.
Answered on Jul 02nd, 2013 at 8:23 PM