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Executrix' Responsibility

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tanyakristine

Junior Member
I live in California, my Mother lived in Washington state. She made one of her friends the executor of her will. Wicked long story short, Mom had 7 children. She disowned the 2 oldest which were girls from a prior marriage and she specified in her will they get a dollar each. Now we're down to her 3 sons, me (her youngest daughter) and an adopted boy (who's 16 years younger than me). Mom split up her estate evenly amongst us 5; however, I just found out she designated me as a beneficiary on one of her CD's and the youngest boy (not the adopted one) the beneficiary of another. From what I understand, these would have nothing to do with the estate. The executrix has taken it upon herself to state she knows that my mother's intention was to split up her estate evenly and she will deduct my CD from the balance. She even state she would swear in a court of law that she knew my moms intention, even though my mother has changed her will more than she did her underwear. But, then again, this is the Execs argument that she simply forgot. I hope this is enough info but not too much you're asleep. Please let me know. for now i'm remaining mum because i'm starting to feel gross & greedy.What is the name of your state?
 


Sounds like the executrix is on a power trip;) She can't rewrite the will and "adjust" for non-probate assets. Keep an eye on things and ask for an accounting to make sure she doesn't try.
 

Dandy Don

Senior Member
YOU have no reason to feel gross and greedy, but the executrix does. She has no business deducting anything from what you are supposed to receive. If she does so you will need to consult a probate attorney to find out how to bring this matter up before probate court. In fact what you should be doing right now is contacting the bank where the CD is held to ask the bank to send you a check--since you are the designated beneficiary this matter passes outside of probate and the executrix has no business even dealing with that aspect.

DANDY DON IN OKLAHOMA ([email protected])
 

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