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estates/probate

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MaryKate57

Guest
My mother recently passed away and her estate is to be divided between my sister and myself. My sister is executor and she had a very large estate. My sister has informed me that I am unable to access the estate unless she has given her approval. I have seen the will and find nothing that states this. She has filed a petition for authoriztion to administer under the independent...

How do I detest this type of petition?:confused:

I apologize for not being clear. The state is California and yes there is a will. I have seen the will and have a copy. My sister has informed me that I will be unable to access the mony left to me in the will. After probate is complete, my sister will have control over my half of the estate. The estate will be in a bank account. I will have to gain authorization and permission from her to use the said mony. I have seen the will and I do not see any conditional clause.
 
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advisor10

Guest
SEPT. 8, 2001

DEAR MARYKATE:

You forgot to mention what state this is in.

Please explain your somewhat confusing posting. What exactly do you mean by saying "you are unable to access the estate"? Do you mean you are not allowed into the house where your mother lived? Or do you mean that you are not able to claim some items that you were specifically bequeathed? Do you mean you will not be able to get immediate access to some monies you were left?

Did your mother leave a will and have you seen it, or was there no will at all? The term executor is used only when there is a will, and the fact that you used the term "petition to administer" implies that there was no will and that your sister is filing for permission to be the personal representative (means the same thing as an executor) of your mother's estate.

In fairness to the executor, it will take a little bit of time (maybe a few weeks or a month) for her to carry out her official duties (claiming all of your mother's assets and paying outstanding debts, taxes and funeral expenses), and therefore she is not obligated to inform you about everything that is going on with the estate until she has had the chance to sort things out.

There is no need for you to "protest" (not "detest", the word you used by mistake) yet, as there is nothing out of the ordinary--no wrongdoing has taken place. Please be patient and let the process take care of itself or you run the risk of offending the executor and she may make it a little bit harder for you to claim what is rightfully yours.

If you have some specific worries or concerns, please explain.

SINCERELY,

[email protected]
 

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