is executor acting in my best interest?

[danl]

Calif.;
My mother died a few days after mother's day, in montana.she is survived by her husband, myself, and 1 brother and 1 sister. her will is dated 1978, and is not notorized. in it, she named her husband's eldest son, executor. at the time of her death, her assets incude $100,000, in a money market account that she was the sole contributor, a house in Ca. that is being sold for $95,000, that was owned jointly, as well as sveral acres in montana,also jointly owned. her will states that everything goes to her husband, until his death, then to be divided equally amongst the 4 of us. her husband also has 3 other children, that were not named in the will. i have not heard anything regarding probate, or what is being done to protect her assets, and her husband has moved to montana, where his eldest son also lives. i'm getting concerned that my, and my siblings best interests are being set-aside, and i am concerned that this may not be legal.
thank you

 

[advisor10]

JULY 11, 2001

DEAR DANL:

If everything goes to the husband, why are you looking to inherit anything from this estate?

You need to call or write to the county courthouse (of the city where your mother died) to find out if the will has been filed at the probate court yet. If it has, you can request a copy of it (if you don't already have a copy). It can take a few months for the estate affairs to be handled (debts, taxes and funeral bills paid).

The file should contain the name and address of the estate executor if you wish to contact him to find out what, if anything, you may be eligible to receive. Make sure that he has your name and address and phone number on file so he will know how to reach you. But from the situation you have described, it doesn't look as if the children should look to receive anything if the husband was named sole beneficiary.

SINCERELY,

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