Executor never did her job

[msjohnson70]

my mother died in Houston, Texas,
but named a previously estranged high school friend as executor. Apparently she was to sell everything and keep it for my son when he turns 25 he will get it. she never contacts us. we have no idea how much there is other than rumors. since my mother basically disowned me I feel like I don't have a right to get involved, but it has been like 5 years with not even a word, I feel like I should stand up for my son's rights or he may get nothing. What rights do I have in this matter? My mother trusted this woman with my son's inheritance and she has not given him anything. He was suppose to get a trip to Disneyland and he got nothing.Do we just sit around until his 25th birthday?
What can I do?
She is in Manhattan, Kansas by the way.
msjohnson70
Do the Houston, TX laws apply or the Manhattan, Kansas laws?

[Edited by msjohnson70 on 07-27-2001 at 01:04 AM]

 

[advisor10]

JULY 27, 2001

DEAR MS. JOHNSON:

You are correct--you have every right to find out what your son is eligible to receive, if anything.

You need to know the month and the year that the death occurred, and what city/state it occurred in. Then check at the county courthouse for that city, in the probate court, to find out if the will was filed for probate. If it was filed, then you can look at the file (or order copies of it if you live in another city or state) to examine the file to see how the estate was handled (what financial assets there were, how the estate was distributed, etc.).

In fairness to the executor, there may not have been anything left to distribute to the heirs after debts, taxes and funeral expenses were paid. But if there was enough left to distribute, then it seems only fair and honest that she should have contacted you by now if she knew how to reach you.

Hopefully, your mother did not make a promise that turned out to be untrue, and I sure hope that this executor did not steal your son's share of the estate. Find out from the clerk at the courthouse whether they require that executors be bonded. If the answer is yes, then you may have an avenue to file a claim with the bonding insurance company to be paid your son's share of the estate if you have proof that it was stolen from him.

SINCERELY,

[email protected]