Greedy Executor

What is the name of your state (only U.S. law)? Minnesota
Eighteen years ago my grandma passed away; my grandpa passed away ten years prior to her death. My father is their only child, and a very successful businessman. My grandma told me she planned to leave "everything" to her four grandchildren when she died...I was around 25 at the time. After my grandma passed I mentioned this to my dad; his response was "I don't know what you're talking about!," I let it drop. I assumed my grandma changed her mind. My brother maintained all these years (to us, his siblings) that my dad "did something," but the three of us never gave it much thought. My brother's attorney is also my dad's attorney. I know over the years my brother would share his suspicions with their attorney...About six months ago the attorney gave my brother an unsigned copy of my grandma's will which he had all these years. He said my dad had the signed will, but felt certain he destroyed it. My dad was the executor. The attorney said there were many accounts involved, and since my dad's name was also on the accounts, he immediatley closed them all after her death. The attorney said he could not help us (conflict of interest), and asked that we not mention to our dad that he gave us a copy of the will. He said it would be impossible to a put a dollar amount on all of her accounts, since there are no records available to us. We're thinking 1-4 million. The attorney thinks we should wait until my dad passes away (he's 70, and in perfect health), because the estate is now worth 10-16 million. Honestly, we would all be happy with just what my grandma wanted us to have, and exposing our father for who he is, a greedy person who "stole" from his children! We are all in our 40's with kids in college, my mother is not alive, and my father has no idea we know any of this!

The attorney said there were many accounts involved, and since my dad's name was also on the accounts, he immediatley closed them all after her death.

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If correct and the ownership was with survivorship with Dad, then the accounts' assets passed to Dad by operation of law and any will's provisions are not relevant with regard to those assets.

Anyway, if you are willing to spend a goodly amount on legal fees on what may be a wild goose chase and tick Dad off mightily in the process, then consult with another attorney about any time limits for opening an estate in Minnesota. If none exist, open probate yourselves and begin badgering Dad.

And to add, you had better be correct in your assertions, because if you are wrong you could pay dearly when Dad's assets are dispersed.

(1) Does the will name each individual grandchild as a beneficiary and does it say exactly what the grandchildren are supposed to get (cash, property, etc.)?

(2) Was your grandmother of sound mind or did your father have a signed power of attorney from her to handle her finances?

(3) Did an attorney help her prepare her will or did she just do it by herself?

Long ago, brother should have discussed is suspicions with his own attorney instead of with the father's attorney, since father's attorney was biased towards dad and that is why he withheld information, but you all probably did not understand that at the time.

A COPY of the will is not acceptable for probate court.


DANDY DON IN OKLAHOMA ([email protected])

The attorney did not do you any favor by providing the copy. Ask him if he can give you any specific information on the nature of the assets (which banks she had her accounts in), did she have any stocks, bonds, mutual funds, certificates of deposit, IRA's, pension benefits, etc. If you or your attorney filed to open up probate and become executor, that would also give you authority to get information from the banks about her accounts, and hopefully they have the information on microfilm after 10 years.

Check county land records to see if she owned any houses or land. Unless you have specific proof that assets were stolen from you, it might be better to leave this alone. He will probably leave the bulk of his estate to you in his will.

DANDY DON IN OKLAHOMA ([email protected])