QUESTION
Do I have to comply with an attorney request?
Asked on Sep 30th, 2013 on Estate Planning - Michigan
More details to this question:
My mom passed and left me as the beneficiary of what she had left around $15000.00. My name was legally on all the paperwork from 10 years ago. An attorney just contacted me on my brother's behalf wanting an accounting of the money and said she is going to start probate. Do I need to even answer this? She had a car I paid off for her under 3000 1200 in a checking account which 1000 paid for her cremation and a life insurance policy. Last retirement check which was reissued to me and last county bonus which was issued to me. Now my brother who is in prison and has a power of attorney want part of it.
13 ANSWERS
Edwin K. Niles
The only assets subject to probate are those in Mom's name alone. Jointly held assets go to the surviving joint tenant.
Answered on Oct 02nd, 2013 at 3:47 AM
3 Awards
I suggest you retain an attorney to review your exact circumstances. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 02nd, 2013 at 3:33 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No You don't have to provide any information unless they open a case and a judge orders you to release the information.
Answered on Oct 01st, 2013 at 3:38 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You may want to prepare a letter to the attorney basically setting forth the facts you have outlined in this question. And attach a copy of the documents you rely upon for your answer. However, you do not have to respond to the attorney if you do not want.
Answered on Oct 01st, 2013 at 3:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Keep a full accounting keep documentation showing that you were beneficiary on all accounts that passes outside of probate Keep documentation showing that you paid for her funeral and expenses from any funds that were not in the accounts that you were beneficiary on (e.g. the . Object if the attorney files and asks for the attorney or your brother to be appointed executor (he is in prison so he should not be eligible anyway and you have priority over the attorney) Hire an attorney if you need to know more.
Answered on Oct 01st, 2013 at 1:58 PM
2 Awards
Yes you should comply. Unless you were specifically named beneficiary on all of those things, you were required to share with your brother. It will cost you more to ignore it than to comply.
Answered on Oct 01st, 2013 at 12:28 PM
Thomas Edward Gates
Your brother is not fit to be the Executor. You must be notified of the petition and can object to your brother being selected. If he committed a felony, he cannot serve. You should retain your own attorney.
Answered on Oct 01st, 2013 at 12:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Was your name on the accounts as joint owner? If so, send documentation showing that to the attorney so that he knows that you are entitled to all of that property. If your name was not on the accounts, then probate is appropriate.
Answered on Oct 01st, 2013 at 10:36 AM
Yes, you do. Your brother is an "interested party" who would have reason to believe he would also be an heir of your mother and entitled to some of the assets of her estate.
Answered on Oct 01st, 2013 at 10:08 AM
The easiest thing now would be to get a good lawyer and determine your rights and responsibilities. If you are the executor, you could control the probate. In many states, a probate is not necessary in a case with low assets.
Answered on Oct 01st, 2013 at 9:43 AM
You should immediately contact an attorney who specializes in estate matters for assistance.
Answered on Oct 01st, 2013 at 9:35 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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This is hard to answer without more detail. You should contact a probate attorney to go over the specifics and decide your best course of action.
Answered on Oct 01st, 2013 at 9:02 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your brothers are not entitled to the money, under these facts. If you do not respond, however, they may file a lawsuit against you and that would be more expensive to defend than to try to head this off, now. You may want to consider having an attorney respond to the letter for you. That will show that you are serious and may discourage your brother(s) from pursuing any action.
Answered on Oct 01st, 2013 at 8:37 AM