QUESTION
As a beneficiary to my step mom's will do I have the right to know what was in all her bank accounts?
Asked on Apr 08th, 2013 on Estate Planning - California
19 ANSWERS
That depends on whether you were given a per centage of the estate, or a defined amount. Either way, I suggest that you should demand an accounting.
Answered on Apr 24th, 2013 at 3:01 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Yes, in Michigan if a Probate Estate has been opened and you are a beneficiary to the estate, you are entitled to a copy of the Inventory which is a list of property in the estate and its value. This must be filed by the Personal Representative within 90 days from the date of appointment, unless extended by the Court for good cause. The inventory will list the amount in the account on the date of death or qualification of the Personal Representative.
Answered on Apr 11th, 2013 at 2:51 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes. File a Request for Special Notice in her estate. Consider going to the court and looking at the file.
Answered on Apr 10th, 2013 at 12:45 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Not necessarily. Any bank account which was held jointly with another person, or which had "payable on death" beneficiaries, is not a part of the probate estate which is affected by the will.
Answered on Apr 09th, 2013 at 4:05 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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If they are part of the estate or held in a trust, they should be disclosed as part of the inventory and account of fiduciary.
Answered on Apr 09th, 2013 at 4:05 PM
3 Awards
If the estate is not the owner, then no.
Answered on Apr 09th, 2013 at 4:04 PM
Not necessarily. You will have the right to view the Estate Inventory and accountings.
Answered on Apr 09th, 2013 at 11:10 AM
Thomas Edward Gates
As a beneficiary to the estate, you may ask for the Inventory of the estate. This document will identify the Assets and Debts of the estate.
Answered on Apr 09th, 2013 at 11:10 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Not necessarily-you do have a right to an inventory of her probate estate, but if she designated death beneficiaries of her bank accounts, these may not be part of the inventory. An experienced attorney can help you determine what your legal rights are in this specific situation.
Answered on Apr 09th, 2013 at 11:10 AM
Not necessarily. However, the estate's executor will need to file an accounting of the estate with the probate court and you may be able to get access to the information that way.
Answered on Apr 09th, 2013 at 11:10 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If the accounts had named beneficiaries and the money passed directly to the beneficiaries, and you were not a named beneficiary, then you have no right to know what was in the accounts. If the accounts passed to her estate, then you would have a right to an accounting that would list the amounts in those accounts.
Answered on Apr 09th, 2013 at 11:09 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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It depends on what she left you. If it was $500, that's what you get. If it was 10% of her estate, then you have the right to know the value of her entire estate.
Answered on Apr 09th, 2013 at 11:09 AM
2 Awards
If she is deceased yes. The executor of the estate is required to do an accounting to tell you what is part of the estate. If you believe the executor is not giving you all the information, hire an attorney, file a petition and subpoena the bank records.
Answered on Apr 09th, 2013 at 12:31 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You certainly do if you were named as a beneficiary of the account, and if there was no named beneficiary, then those accounts fall in to the residue clause of the will, and you were included in the residue clause of the will; don't let anyone talk you out of that inquiry. You need to what her will provisions stated regarding the distribution of her assets.
Answered on Apr 09th, 2013 at 12:29 AM
2 Awards
Yes. If the will has been probated, then the executor should file an inventory, which would show the account balances.
Answered on Apr 09th, 2013 at 12:24 AM
Wills Attorney serving Lincoln, CA
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Cheryl Larayne Carl Attorney at Law
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You have a right to a copy of the will. You can get copies of the probate documents from the court. These should include an inventory of assists.
Answered on Apr 09th, 2013 at 12:17 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Only if the bank accounts are part of the estate. If they were joint accounts or a beneficiary was designated, then no, you do not have any rights with regard to the accounts.
Answered on Apr 09th, 2013 at 12:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are a named beneficiary you have a right to an accounting. If you are not named there is a potential you have no rights. See an attorney.
Answered on Apr 09th, 2013 at 12:12 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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There should be a full accounting. There will be an inventory of all assets.
Answered on Apr 09th, 2013 at 12:06 AM