QUESTION
How could someone legally get what they are entitled to in an estate?
Asked on Aug 06th, 2015 on Estate Planning - Michigan
More details to this question:
My boyfriend's father passed away in 2006 when my boyfriend was 14 years old. He received a copy of the will, and his father's ex-wife was executor. He was told he couldn't receive a lot of his inheritance until he was 18 or 21 (his inheritance included firearms and a car) which made sense. He is now 24 and hasn't received anything. He can't find the executor of the will, she has disappeared with the will and all of the estate. Is there anything he can do to get what he is owed? Can he sue her for his losses? What should be his next step?
9 ANSWERS
His inheritance should have been held in trust for him until he reached the age of majority. The executor of the estate was responsible for that trust unless the father's will stated otherwise. So she or the named trustee is responsible for failing to turn the assets over to your boyfriend and can be held liable for failing to do so. Notify the probate court of the problem and hire an attorney to help track her down and retrieve the items or, if she doesn't have them, receive the financial equivalent.
Answered on Aug 07th, 2015 at 9:48 AM
He has to trace her down. I do not know if there is a national vehicle registration data base that he could use to find where the vehicle is. How you are going sue her has to wait until you find her.
Answered on Aug 06th, 2015 at 8:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally speaking, when minors are beneficiaries of an estate they never receive anything (except low value keepsakes) until they reach 18. Any assets left to minors are sold and the proceeds are held by the court until they turn 18. (In rare circumstances, a valuable and unique item might be held in trust for the minor. For example, artwork or an ancestral home might be held but only if the estate has enough money to maintain the asset) The first thing he should do is check the record of the court where his father's estate was probated. That will give him a detailed account of what happened to each asset. Private courts hold their records forever, so a 10 year old estate is nothing.
Answered on Aug 06th, 2015 at 7:30 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a probate litigation attorney to sue the executor for his loss.
Answered on Aug 06th, 2015 at 5:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First, go to the court and get a copy of the Final Account of the estate, which should show what he was entitled to. Then, I guess hire a private investigator to find the ex-wife. Now that I think of it, ex-wife couldn't have been the personal representative of the estate. Her right to serve would have been extinguished by the divorce. So much is fishy in this matter. Hire the investigator, find the wife, then talk to a lawyer about what can be done.
Answered on Aug 06th, 2015 at 4:45 PM
Yes, he can pursue the executor. There may also have been a bond posted in the probate estate. Contact the county court clerk for the county where the decedent resided when he died.
Answered on Aug 06th, 2015 at 4:16 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If your boyfriend was only 14 when he inherited from his father's estate, a guardianship should have been set up for him and his inheritance deposited in a guardianship account. He should look in the probate court of the county he resided to see if there is any record of a guardianship or proceedings regarding his estate. Also, if he still has the will, it may have provided that a trust be set up for him until he reached majority. If there was no probate and only assets were a car and firearms, it will be difficult to track at this point if the executor is gone as well as all the assets.
Answered on Aug 06th, 2015 at 3:50 PM
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Next step is meet with an Estate/Trust litigation attorney where the Decedent died. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel.
Answered on Aug 06th, 2015 at 3:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Injured confer with attorney immediately, the fiduciary duty of the executor is a you very serious legal duty and she has to account for the property which is to be distributed to others. Based on the information you provided it would appear that he has a cause of action. He should move now because there is a statute of limitations for him to be making such claims and if you wait too long he will no longer be able to bring a litigation to enforce her responsibilities.
Answered on Aug 06th, 2015 at 3:17 PM