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Executor refuses to show my mom's will

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csxconductor

Junior Member
Ohio
My mother passed on 4-10 and the executor refuses to let me see the will, anytime I ask to see it she states " I didn't bring it ". I asked if I was removed she says "yes I guess" we were supposed to me Sunday to disperse personal property. I asked her to bring the will, she now has to "reschedule" I asked to see the will, she stated when we Reschedule.
Id like to know what I should do.. petition the court to see the will and or contact an attorney..

I also paid for the burial services. I need help paying for it, as I am struggling as well. can I sue the estate for assistance.. I did sign the funeral home bill, as "she" said it your mom you should sign
 


justalayman

Senior Member
well, the first thought of mine is:

apparently nobody has opened probate on the estate? Nobody has a legal right to act on behalf of the estate without the court appointing them.

when somebody opens probate and whoever is appointed administrator can then demand the will be produced.

If there is any real estate of titled property, the person appointed admin is who will sign for the estate. There are also tax filings for the estate that need to be addressed.

and debts of the estate must be paid from the estate as well, if there are any assets.




yes, you do have a claim against the estate for the funeral expenses.
 

justalayman

Senior Member
contact the court that deals with probate issues (I believe it is actually called "probate court" in your state) in the county your mother lived and ask them. You are entitled to a copy of anything in the file.

If nothing there, you might try the county the "executor" lives in if in Ohio and a different county.

If not file has been opened, you have the right to open one and apply to be executor.
 

csxconductor

Junior Member
should the will appoint who an executor is ?
if yes, they are considered an officer of the court ?

do they have to follow the WILL exactly as described ?

if they dont. can I ask they be removed ?
 

justalayman

Senior Member
csxconductor;2550141]should the will appoint who an executor is ?
the will can only nominate. The court appoints. If the nominee is acceptable and willing, they are often who the court appoints unless somebody objects and has a reasonable objection.


if yes, they are considered an officer of the court ?
not that I am aware of

do they have to follow the WILL exactly as described ?
they have to follow the will if it can be followed. Some people seem to misunderstand the fact that regardless what a will directs, the debts of the estate must be paid first. If that means selling everything (non-exempt anyway) and paying bills, well, that's what has to happen. The will will then direct what remains.



if they dont. can I ask they be removed ?
yes

Understand there are decisions an executor often needs to make that appear to be in contrast to the will. The debt situation is one reason this could happen. There are other circumstances that prevent much of a will to be followed exactly as written, if at all.
 

csxconductor

Junior Member
Update !!!!!!

OK so I spoke to a lawyer today and also found a will from 2001. The lawyer stated its a good will, so since I'm not aware of any other will I submitted it to the court as trustee.

I don't know if and how she will dispute it after i am approved.

I aslo found out that there is 25,000 loan on her home and the money is somewhere, and was not aware of till today
 

justalayman

Senior Member
I would have to do some serious digging but generally, anybody with standing can object. If they have valid reasons for the objection, their objection would most likely be upheld.

and to a second will: they are both presented to the court and the court will determine which is the valid will. If they are both legally correct (construction, proper signatures, what ever), the most recent will will be used. If one or the other is defective, the the other one will be used. If they are both ruled invalid, then the laws of intestate succession will control.
 

csxconductor

Junior Member
OK so will she have to file the will as I did.. with a lawyer, pay the fees, and distribute the assets as outlined in her alleged will .. My lawyer thinks we might have a good defense as she could have been tricked into making a new will while on medication.. then there is the missing 25,000 somewhere. the refusal to display the will ( whats the time frame) .. then if her will is submitted I can object ? (correct). I don't believe she has the money to fight this.. I maybe wrong, or submit to court (1 reason she didn't) (2ND reason possible 25,000 taken). etc
 

justalayman

Senior Member
actually she would just file it along with yours. It sounds like you paid most of the fees already. There may be some specific to filing the will but not all the costs you listed. She does not have to open another probate file, everything now goes to the one you opened.

also you need to realize the difference between an attorney for the estate and an attorney that might be representing you. You need to be very clear on that point and know who the attorney you hired is working for. An attorney for the estate works for the estate and is paid by the estate. Whomever is executor/administrator/whatever it is called in your state will direct the estate's attorney.

and distribute the assets as outlined in her alleged will
at most only one will will be ruled valid. Whichever will is rules valid will be followed. The other one is a memento of mom at best.

actually, if you think there is another will and aunt isn't forthcoming with it, you need to ask the court to compel the submittal of the other will.

then if her will is submitted I can object ?
it's not a matter of objecting. It is a matter of submitting the wills to the court for them to rule on them being valid or not.
 

csxconductor

Junior Member
So I submitted a will under my name as the total Inheritance of my moms property and such.. now she just comes in and submits another will and says.. oh this was found and now I'm the executor and he needs removed.. Oh and thanks for paying the fees for me.. now I can proceed ?


That's not how it was explained to me.. I guess I should have asked better questions .. attorney is working for me .. not the estate
 

justalayman

Senior Member
csxconductor;2551196]So I submitted a will under my name as the total Inheritance of my moms property and such.. now she just comes in and submits another will and says.. oh this was found and now I'm the executor and he needs removed.. Oh and thanks for paying the fees for me.. now I can proceed ?
that's all you got from what I said?

No will is valid until it is ruled so by the courts. Whatever will is ruled valid will control. You did not submit a will under your name. You submitted a will by your mother for probate. Who submitted it is irrelevant and it is not a race of who got there first. If the courts do not have the other will, what it states is irrelevant. If it is submitted and ruled valid, the courts may or may not remove you as executor, if you have already been named executor.

a probate action must look at all wills available and then it determines which will is valid.

and the fees for probate are paid by the estate. There are executor fees in some states (haven't checked yours) but each person applying to be executor would be required to pay those themselves. An executor is often required to purchase a bond as well. The aunt does not got to use such fees you paid for your requirements to be executor.


That's not how it was explained to me.. I guess I should have asked better questions .. attorney is working for me .. not the estate]
well, if you are executor, I suggest you hire an attorney for the estate then because that one will get paid by the estate and looks out for the best interest of the estate. Your attorney is not allowed to represent both you and the estate. It is a conflict of interest. Your attorney does not have the right to advise on matters of the estate, just your legal matters.
 

csxconductor

Junior Member
I see.. here is another thing :

this "other person " is absoulaty NO family relation.. she is a NEIGHBOR.. not an aunt, sister .. nothing I think that will help my case

on 4 / 2005 my mother took out a loan for 25,000..

now mind you , she never worked.. had good credit, was on state assistance SSI and such took account for every single fricking penny she had she had account of it all. .. but she took out a 25,000 loan on her home

the Neighbors daughter started medical school on 6/2005.
my wifes thoughts are she took the loan out to send the daughter to school and something in that will states something about the 25,000 (possible payback) and thats why she hasnt submitted it to the probate court

she told the lawyer today, I havent been shown the will cause she didnt wanna hurt my feelings
 

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