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Executor withholding info.

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Roland D

Junior Member
New Jersey
My mother died more than 3.5 years ago, estate still in probate, I receive dividend distributions at the end of each year. My share of estate was a percentage of stock.
Since shortly after will went into probate, I have been requesting in right, via letters and email, a list of the companies names of shares I've inherited, and the # of shares. At first I was told that the stock price would have to be compared 6 months after the death. My response was, "fine, I'd like the list from the date of death, as well as the list after 6 months. I have copies of all attempts to obtain this information, and/or requests on general progress of probate. After the first response from the Executor re the 6 months, she has ignored completely all requests. Writing to the attorney only resulted in being directed back to Executor.
At the end of March, I called Executor (a sister) asking when tax form would be arriving so I could file my taxes. She stated they would come shortly from the accountant (they did) Since I had her on the phone, I again asked her for a listing of my inheritance. To my shock she told me that I had been provided with this information shortly after our mothers death. I stated this was in no way true, if I had, why would I have followed up with more letters over the next year and a half? IMO she realized she had slipped up and tried to change the subject. When I stayed on task, asking for the info to be sent, she responded she was sick and couldn't think, then she hung up.
Within the week, I sent certified letters to both her and the attorney, along with copies of every bit of correspondance. I stated that is I did not receive the requested information and an update within 15 business days, I would request an accounting of the will, and would expect to be paid out of her pocket, as this was a reasonable request.
Being pragmatic, I'm assuming there will be no answer, and I'll have to get an attorney (The estate is in NJ, I live in Texas). Questions....Do I have to engage an attorney in NJ? If the judge finds in my favor, will the costs come out of her pocket.
Main question, does the Executor of the estate have a responsibilty to provide the information I've requested? It is a listing of what I have inherited, it would seem there would not be a problem with seeing it.
I see the Executor has received the letter, I expect the attorney will recieve it shortly. Is there a chance they will respond to me without having to get attorneys and the court involved?
Also, could the Executor is liable for some type of fine for not performing her duties?
In addition, there are actually THREE executors, also my brother, and BIL (sisters husband). Since I have written only to her (well, one note to my brother), are they responsible for giving this information also? I am approaching this as strictly business, but if I can make as many people liable for this as possible, I might see more action.What is the name of your state?
 


New Jersey
My mother died more than 3.5 years ago, estate still in probate, I receive dividend distributions at the end of each year. My share of estate was a percentage of stock.
Since shortly after will went into probate, I have been requesting in right, via letters and email, a list of the companies names of shares I've inherited, and the # of shares. At first I was told that the stock price would have to be compared 6 months after the death. My response was, "fine, I'd like the list from the date of death, as well as the list after 6 months. I have copies of all attempts to obtain this information, and/or requests on general progress of probate. After the first response from the Executor re the 6 months, she has ignored completely all requests. Writing to the attorney only resulted in being directed back to Executor.
At the end of March, I called Executor (a sister) asking when tax form would be arriving so I could file my taxes. She stated they would come shortly from the accountant (they did) Since I had her on the phone, I again asked her for a listing of my inheritance. To my shock she told me that I had been provided with this information shortly after our mothers death. I stated this was in no way true, if I had, why would I have followed up with more letters over the next year and a half? IMO she realized she had slipped up and tried to change the subject. When I stayed on task, asking for the info to be sent, she responded she was sick and couldn't think, then she hung up.
Within the week, I sent certified letters to both her and the attorney, along with copies of every bit of correspondance. I stated that is I did not receive the requested information and an update within 15 business days, I would request an accounting of the will, and would expect to be paid out of her pocket, as this was a reasonable request.
Being pragmatic, I'm assuming there will be no answer, and I'll have to get an attorney (The estate is in NJ, I live in Texas). Questions....Do I have to engage an attorney in NJ? If the judge finds in my favor, will the costs come out of her pocket.
Main question, does the Executor of the estate have a responsibilty to provide the information I've requested? It is a listing of what I have inherited, it would seem there would not be a problem with seeing it.
I see the Executor has received the letter, I expect the attorney will recieve it shortly. Is there a chance they will respond to me without having to get attorneys and the court involved?
Also, could the Executor is liable for some type of fine for not performing her duties?
In addition, there are actually THREE executors, also my brother, and BIL (sisters husband). Since I have written only to her (well, one note to my brother), are they responsible for giving this information also? I am approaching this as strictly business, but if I can make as many people liable for this as possible, I might see more action.What is the name of your state?

Since there is more than one PR, if you can't get your information from one try another. Also, any expenses relating to the estate are not "out of the PR's pocket" .. they are paid from the estate's funds.
 

Dandy Don

Senior Member
You have a right to the information you seek, but you don't understand that the estate is technically still in the process of being probated. If you wait until probate is finished, the information you want will be part of the official estate records and will be submitted to the courthouse for filing and anyone can then look at the file to get the information.

Executor is being mean, perhaps at your sister's instruction, by not going ahead and providing it, but has so far done nothing illegal. Just doing it out of spite and to make you mad. But the fact that they won't readily provide the information is a little bit suspicious, so you need to find out NOW if this executor has posted an executor's bond to protect the financial interest of the beneficiaries against potential theft (unless the will specifically exempts the bond from being required), and when you get your stock information, scrutinize it carefully (or have an accountant do it) to make sure you haven't been cheated.

DANDY DON IN OKLAHOMA ([email protected])
 

Roland D

Junior Member
Thanks Dandy Don
The Executor IS my sister.

Therefore, if she's unwilling to provide the info, why would she provide the information about the bond?

This estate has been in probate, as I said for 3.5 years. In the will it states that I receive X% of all stock. All I am asking for is the list of stocks and the # of shares. That seems like something that should be public information.

I'm not mad at all, if I can get this info through another way, on my own, that's fine with me.

How do I find out if an Executors Bond has been posted? Also, I'm not understanding how it works to protect me.
Thanks
 

Dandy Don

Senior Member
I repeat--she's doing it out of spite--people get greedy and mean when it comes to getting probate money.

Go to the county courthouse and look at the paperwork in the file to see any mention of a receipt or other paperwork mentioning the posting of an executor's bond. But look at the will first--if it has language in it saying that the executor doesn't have to post a bond, then she won't need to do it.
 

Roland D

Junior Member
Thanks, I'll look into that.

Unfortunately, the estate is in New Jersey, I live in the Great State of Texas.
 

Roland D

Junior Member
Update
I received a letter from the attorney yesterday with all the requested information, as well as an update on when the estate will be settled.
 

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