Estate question

[dibarb]

What is the name of your state? NJ

Father passed in May 2003, lived in SC. Will has younger brother as PR and has been in filed in probate court. Brother has not informed any heirs of the status of probate, doesn't return my calls. I need to know if any monies my father had can be used by brother for his own personal use and can I request the file from the court? Also when this is all settled, does the bank which held his savings issue payment to the heirs.

Thank you

 

[Seanscott]

Your uncle has to account for every penny entered into the estate account. He cannot just spend the money however he wishes.
The bank will close the accounts and give the money to the estate. When the estate is settled & closed, the estate will pay the funds to the inheritors.

 

[lwpat]

Call the probate court in the county in SC and request that they send you a copy of the file. There will be a small fee. After you review the file you may need to retain an attorney in SC. I would also send the brother a letter CRRR requesting a copy of the will and a status on the estate.

From personal experience do not delay or the money will be gone.

 

[dibarb]

Thank you for the replies. Question who is in charge of the estate distribution? Is it the court system or the PR?

 

[lwpat]

The personal representative has control of the estate but must file with the court. The problem is that the executor can spend the money and then there is little you can do except for a costly court battle.

 

[shafted34]

As I am finding out also, the executors - even trusted, loved, family members, are not to be trusted with such temptation. Unfortunately, my husband and his sibling heirs may not be able to reap their just rewards from thier uncle's will.
We are in shock to have just found out that our executor (sister and sister-in-law) has possibly spent over $200,000 of OUR INHERITANCE.
Finding out after the fact, that the executor has such a free hand with the monies, is very frustrating, and may cause irrepairable damage to the family. Not to mention financial damage, as my sister-in-law (an heir) started spending the money before it was in her hands.
GET YOUR TAIL IN HIGH GEAR AND ACQUIRE LEGAL AIDE.

 

[Dandy Don]

If the savings account has a named beneficiary or account co-owner, then that is who the money goes to. If no named beneficiary, then executor has the rights to claim it to add to estate assets.