Executor (sister) wants to fight over Mothers will

[vanashta]

My husbands mother died in 1991 in Texas. She was divorced in Oklahoma in 1983. It was stated in her divorce decree that she was to get so much of her ex-husbands (my husbands father)retirement (retired 2001). She had her will wrote that if she were to pass on before she received this retirement that her 3 children were to get it. My husbands sister is the executor and told him and his brother that if they try to fight for their half of the retirement..that she will fight them. My question(s) are...what is the statutes of limitations for this (she WILL NOT give up copies of the documents)....she says she never had it probated will this cause a problem? And if everything is legal on her documents wouldnt this be pretty much cut and dried situation?
thank you,
misty

 

[advisor10]

JULY 9, 2001

DEAR VANASHTA:

First, check at the county courthouse (of the city where your husband's father died) to see if the will has been filed yet (if there is a will). If so, you should get a copy of it to find out if the retirement benefits are mentioned specifically in the will.

If they are not mentioned, it is possible that they should have been included as part of the estate, or they may have been set up to go directly to a designated beneficiary by a form that your husband's father may have filled out at the time the retirement account was set up. If you know the name of the company that employed your husband's father, then check with the human relations/personnel dept. of that company to find out how the retirement benefits were handled.

The fact that this sister/executor is not honest about giving out information could mean that she knows that she is in the wrong and that the 3 children have a pretty good case to make in claiming this retirement money. Don't let her scare you off from fighting for what is rightfully yours. You may need to hire an attorney in the same city or county (where the husband died) to represent your interests.

Yes, it may be cut and dried, but if she is not following the law or is hiding assets, then no one will ever know about it unless it is brought up in probate court. At least have an attorney file a claim for this retirement money by submitting a letter or a petition to the court, so at least the executor will have to explain how this money was/is being handled.

SINCERELY,

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