Executor problems

[tmr76]

If an executor was appointed (sister of the deceased) and they become secretive and hard to deal with, what options, if any, are there for the living family members or beneficiaries? The situation is the sister/aunt has now deadbolted the locks on the home and is not sharing information with anyone. Do the beneficiaries have the right to view the will and how do they go about doing that? Should they hire an attorney for representation?

Reportedly, the will divides everything into 3 for each of her children. However, how do you determine personal belongings' worth as part of that third? I think everyone wants those sentimental items but the sister is not allowing access to anything right now and everyone is upset about that on top of the obvious grief.

 

[seniorjudge]

Q: If an executor was appointed (sister of the deceased) and they become secretive and hard to deal with, what options, if any, are there for the living family members or beneficiaries?

A: Complain to the executor and to the court (in writing).


Q: Do the beneficiaries have the right to view the will and how do they go about doing that?

A: Go to the courthouse and photocopy the whole file.


Q: Should they hire an attorney for representation?

A: Yes if they want representation; no if they do not.


Q: However, how do you determine personal belongings' worth as part of that third?

A: An inventory and appraisal will be made with the court; if you disagree with the appraisal (for example) of some item, then you must hire your own appraiser.

 

[tmr76]

Thanks for your responses. I am trying to help my sister in law out with her questions since I have never been in this position...

 

[tmr76]

One more thing... I forgot to ask. Can the executor remove contents from the home or property without the beneficiaries being present? Can she make decisions about financial assets without notifying someone?

I always thought that decisions were made about these things during a reading of the will and not before then... Of course, that's based solely on what I've seen on TV which I know is not a good source!

If I read online right, the executor (if acting alone) must file a petition to go before the probate court to even start the process, correct?

 

[Litigation!]

One more thing... I forgot to ask. Can the executor remove contents from the home or property without the beneficiaries being present? Can she make decisions about financial assets without notifying someone?

I always thought that decisions were made about these things during a reading of the will and not before then... Of course, that's based solely on what I've seen on TV which I know is not a good source!

If I read online right, the executor (if acting alone) must file a petition to go before the probate court to even start the process, correct?

My response:

Not without court orders to do so. Your friend needs to file for Probate in a court of law - - even without the Will. The court will put a stop to what's happening.

IAAL

 

[tmr76]

So basically, she has to file with the probate court to divide or distribute personal or real property and financial assets or pay any debts. If I didn't say it already, the state is Missouri.

Apparently the executor is not aware that the beneficiaries did know about her stocks and bonds and other financial matters and is trying to fudge the #'s.

 

[Litigation!]

So basically, she has to file with the probate court to divide or distribute personal or real property and financial assets or pay any debts. If I didn't say it already, the state is Missouri.

Apparently the executor is not aware that the beneficiaries did know about her stocks and bonds and other financial matters and is trying to fudge the #'s.

My response:

Was there something else you needed to know?


IAAL