Addl ?? about probate

[on_the_outside]

What is the name of your state?Massachusetts
I have a few additional questions I was hoping someone could answer. My mother died without a will this past march. There are six children, however, the oldest two have been taking care of everything. Outisde of a small distribution from an IRA acct, the remaining 4 of us have not heard a thing about her additional assets. After pushing a bit, we learned that there were additional assets in excess of $200,000 (most in an income account). They have informed us that the beneficiaries were changed in 2002 before she entered a nursing home and that they are to solely inherit 180k of the 210k. Everything has been handled very "evasively" and we have many unanswered questions. Also, we are certain my mother had a will. According to my sister, they were unable to locate it. First: It appears the our brother-in-law was appointed executor. Didn't we have a say in that since she did not leave a will? Second: Should they have filed so the will could be probated? (we know they have not). Third: If they are listed as sole beneficiaries on an account doesn't that still have to be disclosed during probate? Fourth: Does doing so mean they will incur additional estate taxes? Final: Is there a way to be certain they are disclosing all of the assets and not just the ones that specifically state they are entitled to?
Again, I really do appreciate your help. We are growing tired of receiving evasive answers and would just like everything to go through the "normal" channels so that my mother's wishes are honered.

 

[Dandy Don]

Without letting the 2 oldest know why you are asking, someone needs to ask them who was in charge of handling mother's finances when she went to the nursing home and exactly who had power of attorney.

One of the reasons they may not be forthcoming with information is that they don't want you all to find out what really happened. One of the siblings probably got her to sign a power of attorney and then whoever the POA was is authorized to take out money from her accounts but only to PAY for her care--but sometimes the POA takes money out and spends it for himself/herself which is illegal, or could have asked your mother to sign a new beneficiary designation form to include only who THEY wanted and obviously deleting other siblings that they wanted omitted.

If there was a POA issued, you need to be consulting with a probate attorney to find out whether abuse of POA occurred here.

It doesn't matter who was appointed executor--somebody has to do it, and you have no say in that.

If the will is not found, the estate is going to be divided according to intestate probate law, and your attorney can tell you what that is, probably split equally amongst the children.

You need to check at the county courthouse to see if executor/administrator has filed to open up this estate for probate, and you also need to ask executor to provide a copy of the paper that shows who the beneficiaries of the income account are, to prove what they are saying, but don't tell them you will be examining the form to see if it's really her signature to determine whether she signed this form under duress or not and whether there were witnesses and notarization or not.

DANDY DON IN OKLAHOMA ([email protected])