What is the name of your state (only U.S. law)? Maryland
My mother's estate went through probate which is now closed. It took me a long time to finally figure out what may have likely happened. The will specified equal thirds to the three children, with the eldest as PR (personal representative).
Assets were a brokerage account, some annuities, and a few items of rather valuable jewelry that combined would be worth about the same as the smallest annuity. The PR never told the estate attorney nor the estate accountant (and thus, not the probate court) about the jewelry. It is likely that the other child, say Chris, demanded that the PR not proceed with PR's plan for PR to keep the jewelry, unless PR also arranged for Chris to get all of the smallest annuity.
The brokerage account and most of the other annuities had beneficiary designations: equal thirds. One of the annuities had no beneficiary designation, so was part of the probated portion of the estate. PR initially said the smallest annuity had the expected beneficiary designation: equal thirds. But lo and behold, PR later tells us the brokerage has suddenly discovered that the smallest annuity designated Chris as sole beneficiary. To me there are three possibilities re the smallest annuity...
1. just like PR said
2. equal thirds
3. no beneficiary designation
Circumstantial evidence, notably timing and lack of transparency, leads me to rule out #1. For example, the estate had to file estate taxes. Getting a copy of the return was like pulling teeth, but when I finally got it, all the annuities were disclosed to the taxman except the smallest annuity. You guessed it, the PR left off not just the jewelry but that annuity too! When I told PR the annuity should have been disclosed, PR went nuts, but the estate attorney told PR they'd have to submit an amended return.
PR has refused to let me see the amended return.
PR initially agreed to show me all the beneficiary designations, but kept making weird excuses.
The brokerage said they could only fax me the beneficiary designations where I am named.
The annuity company says, "We would need a court order to release the information."
Within the tax return, in the appendix, would be a sheet (annuity statement, near date of death) for each asset. Mostly I thought PR kept the smallest annuity out of the initial return in order to cheat a little on taxes, but the motive actually may have been to keep me from ever seeing that annuity statement.
How does one go about investigating this? I think PR may have forged my signature or something. Is there a way for me to verify the legitimacy of the beneficiary designation WITHOUT a court order? Thank you!
My mother's estate went through probate which is now closed. It took me a long time to finally figure out what may have likely happened. The will specified equal thirds to the three children, with the eldest as PR (personal representative).
Assets were a brokerage account, some annuities, and a few items of rather valuable jewelry that combined would be worth about the same as the smallest annuity. The PR never told the estate attorney nor the estate accountant (and thus, not the probate court) about the jewelry. It is likely that the other child, say Chris, demanded that the PR not proceed with PR's plan for PR to keep the jewelry, unless PR also arranged for Chris to get all of the smallest annuity.
The brokerage account and most of the other annuities had beneficiary designations: equal thirds. One of the annuities had no beneficiary designation, so was part of the probated portion of the estate. PR initially said the smallest annuity had the expected beneficiary designation: equal thirds. But lo and behold, PR later tells us the brokerage has suddenly discovered that the smallest annuity designated Chris as sole beneficiary. To me there are three possibilities re the smallest annuity...
1. just like PR said
2. equal thirds
3. no beneficiary designation
Circumstantial evidence, notably timing and lack of transparency, leads me to rule out #1. For example, the estate had to file estate taxes. Getting a copy of the return was like pulling teeth, but when I finally got it, all the annuities were disclosed to the taxman except the smallest annuity. You guessed it, the PR left off not just the jewelry but that annuity too! When I told PR the annuity should have been disclosed, PR went nuts, but the estate attorney told PR they'd have to submit an amended return.
PR has refused to let me see the amended return.
PR initially agreed to show me all the beneficiary designations, but kept making weird excuses.
The brokerage said they could only fax me the beneficiary designations where I am named.
The annuity company says, "We would need a court order to release the information."
Within the tax return, in the appendix, would be a sheet (annuity statement, near date of death) for each asset. Mostly I thought PR kept the smallest annuity out of the initial return in order to cheat a little on taxes, but the motive actually may have been to keep me from ever seeing that annuity statement.
How does one go about investigating this? I think PR may have forged my signature or something. Is there a way for me to verify the legitimacy of the beneficiary designation WITHOUT a court order? Thank you!