Need information prior to distribution

[Lilsis]

What is the name of your state?
Alabama

I have several questions to ask about the upcoming distribution of my mother's estate:

1)Do I have a right to get an accounting of the entire estate prior to distribution? My brother is executor and I have not been able to get any information from him at all about the amount of money in the estate account. Everything is supposed to be divided 50/50 and I want to be sure this happens according to my mother's wishes.

2)My brother was on several joint accounts with my mother. Is there any way to find out if any of that money was used for him personally before she died?

3)Is there any way for my brother to draw from the estate for his own personal use before probate is up?

4)My brother was named executor in my mother's will. Upon the establishment of her probate, I was asked to sign a paper giving him permission to be the executor. This is after the fact, but could I have requested an impartial third party to act as executor even though it was stated in the will for him to be executor?

5)Since my brother is beneficiary of half the estate and executor, will he get a fee for being the executor? If so, do I have any influence on the amount of the fee he will be paid? I have gotten absolutely no information about the estate, my mother had no outstanding debts, and my brother's only actions have been to set up an estate account of his choosing so I feel that any fee is too much.

 

[BelizeBreeze]

What is the name of your state?
Alabama

I have several questions to ask about the upcoming distribution of my mother's estate:

1)Do I have a right to get an accounting of the entire estate prior to distribution? My brother is executor and I have not been able to get any information from him at all about the amount of money in the estate account. Everything is supposed to be divided 50/50 and I want to be sure this happens according to my mother's wishes.

You can get an accounting from the probate court. The file is public information. As for your mother's wishes, they are irrelevant. The will controls.

2)My brother was on several joint accounts with my mother. Is there any way to find out if any of that money was used for him personally before she died?

HOW exactly was he 'on the accounts'?

3)Is there any way for my brother to draw from the estate for his own personal use before probate is up?

Yes.

4)My brother was named executor in my mother's will. Upon the establishment of her probate, I was asked to sign a paper giving him permission to be the executor. This is after the fact, but could I have requested an impartial third party to act as executor even though it was stated in the will for him to be executor?

Of course you could have. But now it's too late unless you can prove fraud or misfeasence.

5)Since my brother is beneficiary of half the estate and executor, will he get a fee for being the executor?

yep

If so, do I have any influence on the amount of the fee he will be paid?

nope

I have gotten absolutely no information about the estate, my mother had no outstanding debts, and my brother's only actions have been to set up an estate account of his choosing so I feel that any fee is too much.

then your question needs to be addressed to the court. Executor fees are set by state statute.

 

[pojo2]

When did Mom pass away? When was probate opened? These things can take time to complete.

and my brother's only actions have been to set up an estate account of his choosing

Which is one of his duties as the executor.

)My brother was on several joint accounts with my mother. Is there any way to find out if any of that money was used for him personally before she died?

Got some bad news for you if those were joint with right of survivor the money is his. If POD and his name is listed those funds are all his.

If joint accounts he could use as if his own alone unless dual signatures were required (when she lived).

You can of course get an Atty to look out after YOUR interests here.

 

[Lilsis]

Information

She passed away last November. I signed my portion of the papers to get Probate started on November 29th so the timing is not the problem.

As far as I know, all of the joint accounts were POD with right of survivorship. This is something I have feared since all the secrecy began on my brother's part. I am the sibling with a financial background and college degree so I already knew it is not good to put money in these types of accounts. My mother would not listen to me about anything involving money but still believed she was completely fair and equal to both of us.

My brother purchased a home about 3 months ago that supposedly he couldn't afford before. He had been through a nasty divorce a couple of years ago where money was fought over and his new wife lost her job last year. I would like to think that things are not as they seem and have the blind trust my mother showed. However, I just want to make sure that everything she left is divided equally according to the wording of the will.

 

[Lilsis]

Need Info.

BelizeBreeze,

I called the County Probate Office and in Alabama, they do not have an accounting of the estate. I called the lawyer's office back and they said they could not give me an accounting because they represent the executor.

I guess this means I have absolutely no rights unless I hire an attorney and go through the court system.

Any other advice?

All I want to know is where to go to get this money and how much I am to get.

 

[BelizeBreeze]

BelizeBreeze,

I called the County Probate Office and in Alabama, they do not have an accounting of the estate. I called the lawyer's office back and they said they could not give me an accounting because they represent the executor.

I guess this means I have absolutely no rights unless I hire an attorney and go through the court system.

Any other advice?

All I want to know is where to go to get this money and how much I am to get.

Then GO, drive, walk or fly to the Probate court and pay to have the entire file copied then take that copy home and read it.

Then come back here and tell us what, if anything, is in there .