Can't get any info

[CapitalB]

this comes from tx,refers to calif. my father past away last nov. supposedly my brother was exec.,he said i was named benef. {out of 7 kids} on my dad's ins. policy. i received pension papers- he said from word go he had the will,now he says there is no will and that he is the benef. of all other matters. i was with my dad right before his passing. he explained to me about all his assets,"just in case something was to happen with my brother,he also stated many times that everything was to be a 7 way split. my brother says everyone can pretty much shove it! what can i do to get any information?i'm at a brick wall and i promised my dad i would see to it nothing like this would happen!!! thank you,lost

 

[cclovins]

NO WILL?

If no will exists then the matter will go to probate and the only avenue is for them to split it 7 ways. If his spouse is not living.

 

[advisor10]

3-22-2002

DEAR CAPITAL B:

Your sneaky brother is trying to keep you all in the dark about what is going on, probably because he has stolen or is stealing from this estate. His actions are very suspicious (first claiming to have the will) and then claiming not to know.

(1) Check with the probate court at the county courthouse to see if a probate file has been opened on your father's estate. You (or an attorney you hire) or your brother or anyone else in the family can file paperwork at the courthouse to become administrator (means the same thing as executor) of the estate (and since brother hasn't done this and probably never will), you need to get things going. Brother would only have power as executor if he filed the will, but he has not done this (I'll bet he knows where it is but has destroyed it or is hiding it hoping never to produce it).

The will is normally supposed to be filed within 30 days of the person's death.

Whoever gets to be administrator gets the legal authority to start claiming assets (monies and property), pay estate expenses/debts, and then distribute what is left over among the heirs.

(2) If you don't know the name of the company where your dad had his insurance policy, then try to find out. The insurance money will NOT be part of the estate, since it is considered a separate asset that is payable only to the beneficiaries who were named on the policy. If everything is on the up and up, your brother should be able and willing to tell you the name and address of the insurance company so you can contact them to get more information about this matter.

(3) Exactly what "pension papers" did you receive--information from a personnel department on how you could claim your father's benefits, or what? Has this money been claimed or not?

Yes, the siblings (and your father's surviving spouse, if any) will eventually be declared the legal heirs of this estate, but first the administrator needs to start claiming your father's assets. Seems like your brother has all the information and is purposely keeping it from you all.

After becoming administrator, you can get an order from the judge forcing this brother to produce whatever information he has about the assets. He just can't get away with the lie that "he is the beneficiary of all other matters" without proving it on paper!!

SINCERELY,

advisor