Did not get full amount of inheritance. What can be done

[Skychief]

What is the name of your state (only U.S. law)? My uncle died in Mississippi on 11/13/2012. He was a lawyer and his will stated that the heirs of his brother and sister recieve 20thousand. His four children were to receive 20k a piece. There was over a million dollars in the estate. His widow, who is not nice, received everything else and is also the executrix. There was a probate hearing in December of 2013. My cousins and brothers were not notified of this hearing. Last month we received half of what was promised in his will. We were also told that we may get more after some almost worthless lots were sold after expenses, but not to expect the full amount. My uncle's will was clear on what we were to receive and there was more than enough cash to pay us in full. The executrix or widow and my uncle's children got all of what they were promised, but my brothers and cousins did not. What recourse can we do without spending a fortune in legal fees to collect what is due us?

 

[Ladyback1]

What is the name of your state (only U.S. law)? My uncle died in Mississippi on 11/13/2012. He was a lawyer and his will stated that the heirs of his brother and sister recieve 20thousand. His four children were to receive 20k a piece. There was over a million dollars in the estate. His widow, who is not nice, received everything else and is also the executrix. There was a probate hearing in December of 2013. My cousins and brothers were not notified of this hearing. Last month we received half of what was promised in his will. We were also told that we may get more after some almost worthless lots were sold after expenses, but not to expect the full amount. My uncle's will was clear on what we were to receive and there was more than enough cash to pay us in full. The executrix or widow and my uncle's children got all of what they were promised, but my brothers and cousins did not. What recourse can we do without spending a fortune in legal fees to collect what is due us?

You can ask for a full accounting of his estate: what debts he had, what was spent on "administrative" costs, that sort of thing.

An estate has to pay off the debts of the deceased first. Do you have a copy of the will? Do you have a copy of the Probate Court records? You should be able to request those from the court.

When your Uncle wrote his will, there may have been enough cash to pay the $20K to everyone. When he passed, his economic situation may have changed.

And frankly, you got something! A lot of people don't get anything that they are willed, simply because by the time the estate pays the debts that were left owing, the downturn in economy and/or poor investing by deceased, there simply IS NOT enough money to dole out what was willed.

 

[latigo]

You can ask for a full accounting of his estate: . . . . .

I am curious to learn from what authority you have advised the OP that he "can ask for a full accounting" of his uncle's estate?

Since he has received distribution from the estate it seems reasonable to assume that the executrix heretofore rendered her final account as required under Section 91-7-291 of the Mississippi Code.

And that the court approved the accounting and ordered such distribution following a hearing and adjudication in settlement and approval of executrix's final account and petition for order of distribution. (Mississippi Code Section 91-7-297 "Hearing and adjudication of final account")

Perhaps you have, but other than in conjunction with a petition to remove the fiduciary for cause, I have found no proviso under Mississippi law permitting an interested party to demand an accounting from an executor or administrator.

True they are entitled to file objections to the fiduciary's final account and have them aired at the Section 91-7-297 hearing, but I fail to see how the OP has any legal recourse at this point per the probate court other than to attempt to reopen the settlement hearing and set aside the court's approval of the final account and order for distribution. (And I cannot say that that itself is a viable option. Other factors may prevent it, such as having waived his right to protest the final account and petition for distribution for failure to present them timely)

However, the OP and others equally claiming they have been wrongfully denied their full inheritance do have a civil remedy to seek retribution from the fiduciary under the principle of "tortuous interference with inheritance". *

But I don't see a layperson having the wherewithal to develop sufficient evidence to support such a cause of action. And the expense of hiring a professional might be prohibitive for the OP.
________________


[*]"One who by fraud, duress or other tortuous means intentionally prevents another from receiving from a third person an inheritance or gift that he [or she] would otherwise have received is subject to liability to the other for loss of the inheritance or gift. Restatement (Second) of Torts § 774B.