getting personal representative to act

[mugseys mom]

What is the name of your state (WA)?

My father passed away almost 2 years ago as a resident of the state of Washington. His will stated everything was to be divided equally between his 3 childen. My brother who lives in California acted as personal representative.
I recently learned that there were assets in the estate my brother did not file any claims for such as a CD in a bank and a small pension which continues after my fathers death. I would like to receive my share of this money, however, when I call my brother, he does not return my calls. The bank has told me I need to be the personal represntative to have access to this money but I do not feel it is worth incurring more in legal fees that the amount of the inheritance to claim this money. Any ideas how I can either force my brother to act or get this money without going through the court system?

 

[tranquility]

Any ideas how I can either force my brother to act or get this money without going through the court system?

Not legally, no.

You could start a "paper trail" of demands and requests and keep the return receipt. So that when you do decide it's worth it, you can go to court with a better chance of success.

 

[Dandy Don]

Are you absolutely certain that the will was probated and did you receive anything from the probated estate?

What is the CD worth and what is the pension worth?

Please do not assume that legal fees will be enormously expensive--that is a misconception. Attorney executor fees are normally a small percentage of the estate value--usually within the range of 5%--you need to be interviewing with probate attorneys to find one willing to handle this for you and also ask what the law says the rate is for executors.

You have already given brother a chance to do this and he has chosen not to, so your next step will be to hire an attorney to handle this for you so that the assets can be distributed to all heirs properly.

DANDY DON IN OKLAHOMA ([email protected])