Maryland~ Assets not accurate from Executor/Representative

Father died with a will. Left everything to his 3 children, and made his sister executor. Since writing that will he had remarried, and sister and stepmother are working together against the children.

They are not accurately stating his assets. Stating that he had only $4000.00, no life insurances, or investments, that he was mentally unstable upon his death, etc.

We know this is totally untrue, and have witnesses to prove he was mentally stable.

The question is this, how do we as the children prove them wrong?

We do have an attorney, have asked him to subpoena our fathers tax records, bank statements, etc..... but he is unwilling to do so.

Would a forensic accountant be able to help? Do you have other suggestions?

Thanks,

Clover

Hire a private investigator (who is experienced in doing asset searches) for about $100-$300 to do a financial background check on your father. You would have to interview a forensic accountant in person or over the phone to find out whether or not they could actually do what you want to have achieved.

You need to find out exactly when the probate hearings about this estate are going to be held (date and times), so you can either be there in person or your attorney can be there to make your complaints/concerns known about this estate. At some point the judge needs to be informed that complete information about this estate is not being provided so that corrections can be made to correct this situation. Those probate hearings are usually advertised in advance in the classified section of the local daily newspaper or legal newspaper--ask your attorney how you can find out that information.

If the attorney you have now is not being cooperative in getting information you should consider getting another one. You can get the bank records yourself by speaking directly to the bank.

Please understand that the stepmother is somewhat at a disadvantage since the husband should have but didn't correct/update his will to help provide for her needs. So whenever it is time for the division of estate assets to be done, make sure she receives a fair amount if she is cooperative in providing information.

Visit a website called www.l-lifeinsurance.com to order a search of life insurance companies for his policies for an $85.00 fee.

DANDY DON

This is a matter that is not easy and you need a lawyer's advice on. AND it seems you have YOUR OWN LAWYER - who YOU retained to represent YOUR interests). aND THAT LAWYER IS GIVING YOU ADVICE YOU DON'T LIKE.

What's the choice? Listen to the lawyer or get a new one. Some things do not matter in terms of assets in an estate, some do.

Thank you both for your advice.

There was an extension made to file the inventory. They have until the 17th of May.

After I recieve the information from the probate court, I will ask our attorney one more time to subpoena information from the state and federal internal revenues, the wife for his business records, the bank for his banking records, and the credit bureaus.
If he won't do it, then we will find someone else.

Is there anywhere else I should look for information?

Clover, you did not fully understand the responses.

It may be that there would be NOTHING to be gained by you from the estate if, for example, much of his property passed by beneficiary designations, or was jointly held, or in a POD account.

Lawyers just don't and can't issue suboenas for the heck of it, and it costs them time and money - and you fees -- when they do have a basis for doing so. If the other side knows that you have a lawyer, they may straighten up and fly right, or try harder to cover their tracks. It usually depends on the facts, the lawyers, and them.

Get the lawyer to explain what your rights would be, and what you may have to gain or lose. Many clients are their own worst enemies.

It would be a serious mistake to ask that attorney to do for you again what he has already told you he is not willing to do. How much have you already paid him as a retainer for his services?

Only the EXECUTOR can request tax information from the tax authorities, so your request would be denied.

Ok, I see.

So in essence, even though we are the heirs, we have no way of finding out his assets aside from a PI or through the executor?

Thanks again.