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Is there a way for beneficiaries to check on the probate process?

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Mrs Sully

Member
What is the name of your state? PA/NJ

My mom's aunt died 2 years ago. Her nephew (not mom's brother) is the executor. At the time the aunt died, she was living with my mom in PA. She had lived there for maybe a year. She died in a PA nursing home.

3.5 months after her death, the executor sent a letter to my mom and the other 2 beneficiaries stating that he was “beginning the process of settling her Estate and probating her Will.” The letter delineated her assets and other possible income sources to be researched as well as her jewelry and coins.

Since that time, they have had very little communication with the executor. He is bad at returning calls/emails. He said that the will is "with the state" and has been delayed.

She didn't have much more than what was stated above and a couple of checking accounts and stock.

The other issue is that he has the will in probate in NJ where he lives and where the aunt formally lived. Somehow he lied and did not divulge that my mom's address was her permanent address at the time of death.

So, is there some way that the beneificiaries can check on the process and make sure things are going as they are suppose to? As you can see, it's hard to trust the executor.
 


Dandy Don

Senior Member
Has this executor sent the beneficiaries a copy of the will?

Did the aunt own any land or homes in New Jersey that would automatically require probate there? What is the estimated value of the estate?

Is it possible that she could have given him power of attorney before she died to handle her monies and pay for her living expenses?

You can go online and if you know the name of the county, do a GOOGLE search for that county and a website will appear where you can call the general information number or look for the probate clerk (sometimes called surrogate court in New York and New Jersey) and get a contact phone number or actually search online to see if probate has been started or not in that county. IF probate has begun you can order by mail a copy of all documentation in the file so you can see exactly what has transpired with this estate.

Probate (by law) should normally take place first in the state where the death occurred (Pennsylvania, in this case) so after you find out what has happened in New Jersey, you may want to consult a Pennsylvania probate attorney to determine what your next step should be.

Don't be surprised if there is not much of an estate left, IF he abused POA by taking monies and keeping them for himself. I sure hope he kept an accounting for any monies he withdrew (to prove that he spent it on her care), so that he won't face possible abuse of POA or elderly financial abuse charges if someone decides to charge him with this. The fact that he is not communicative is an indication that he may have something to hide regarding the handling (or should I say "mishandling") of this estate.

DANDY DON IN OKLAHOMA ([email protected])
 

Mrs Sully

Member
I'm pretty sure my mom had power of attorney in PA. I'm not sure if the executor gave the beneficiaries a copy of the will or not. All mom said was that they received the letter stating he was beginning the probate process. Aunt didn't own any land or homes in NJ. She only ever rented there. A rough estimate on the value of the estate is about $20K - check account and stock.

Thanks for tips on searching. I'll check them out.
 

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