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My mom is not getting her share

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M

msladee

Guest
What is the name of your state? Missouri

My mother's friend died last 8/03, in 9/03 my Mom found out she was left in the will. My mom was to inherit all monies left in 3 bank accouts, all certificate of dep and all monies in safe dep box and any cash on hand. Well the attorney that is handling the estate, finally told my mom (3/04) after months of waiting, that the only thing that was put in probate was the land and houses. He also told her there was no money left because it went to pay off all debts her friend owed. But the attorney did not give my mom a break down or a list of what was in the accts and what was paid. Can you please give me some advise that I can pass to my mom. We both have never gone through anything like this and really don't know where to began.
Thanks
 


K

krispenstpeter

Guest
Mom needs to go to the Recorder's office in the county where the friend died to get a copy of the will and then hire a probate attorney to read it and investigate what happened with her assets.
 

Dandy Don

Senior Member
Did Mom ever get or receive a copy of the will? Are you saying that Mom didn't receive anything from this estate?

Mom needs to go to the county courthouse probate court and look at the entire probate file to look at every page in the file that will show exactly how the entire estate was handled.

You and she are right to be suspicious because the attorney's excuse does not really sound 100% truthful. Your friend might have made a mistake by forgetting to name your mother as beneficiary on the beneficiary designation forms at the bank (for the bank accounts and the CD's and to the safe deposit box) and if he didn't name her, then that money would have gone into the estate. But if he did name her as beneficiary on the beneficiary designation paperwork at the bank, then executor had no right to claim this money for the estate. Either way, it's hard to believe that he would have had that much debt in order to wipe out the estate, so it looks like some shady accounting by this attorney. You were advised correctly--get a probate attorney to help you get this straighened out and if wrongdoing has occurred your attorney can advise you on what to do to get your money back from the other attorney.

DANDY DON IN OKLAHOMA ([email protected])
 
M

msladee

Guest
mom not getting her share

Thanks Don and Peter for your replies and advise.

I will tell my mom she needs to get an attorney. As far as I know my mom was not listed as beneficiary on any bank accounts.
My mom went to the courts in the county of her freind and was told the only thing that was in probate was the land and houses. My mom has a copy of the will, but her items she was to inherit was never put into probate according to the courts, and the attorney is saying there was no money left after all bills were paid. We were also told by other friends of the deceased that the family had already gone through the bank accourts and everything and cleaned every thing out before turning over keys and bank books to the attorney. So when the attorney got keys and bank books they were already emptied by the family. I'm not sure how true this is, but we will have to get an attorney and have this investigated,

Thanks
 
K

krispenstpeter

Guest
Then you need to hire an attorney to acquire the bank records. Once you do this then you'll know exactly what happened and can proceed accordingly.
 

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