Manipulated executor

[swimmin4]

My brother died a week before X-mas at his home in Califonia. I live in Colorado. My sister lives in Texas with my mother. My mother is senile and old. My sister controls her like a puppet. My brother had no will, yet his wishes were known. My sister is doing everything she can to "get all" of his estate. And go against even the smallest of his last wishes. What recourse do I have? Also, he has an adopted son whom he has not had contact for 22 years. How long must he be searched for, before we can dispurse the estate? My sister wont tell me who the attorney is. How can I get out of the dark dark?

 

[advisor10]

(01-16-2001)

Unfortunately, because the brother's wishes were not specifically stated in a will, anyone else trying to claim anything is at a serious disadvantage! What do you mean when you say his "wishes were known"--are you saying that he said things verbally that some people may have heard? Why wouldn't he take the formal step of having a will made up--it was a very errant decision on his part.

The search for the adopted son may not even be necessary, but any of the people search services listed on the Internet could locate him for about $50 or I could help with the search (for the same fee) if you know his name and date of birth or approximate age. About all you can do is check with the PROBATE RECORDS SECTION of the county courthouse (of the city where the person died) on a regular basis (about every month) to see if the will has been filed, but they probably will not file it until all the paperwork has been done, and that can take anywhere from a month up to a year or more. If you or anyone else is entitled to receive anything, you will be notified by mail or by phone, but that doesn't seem very likely at this point.

Then you could take a look at his probate file to see how the financial affairs were handled and try to get an attorney to challenge it if you think that someone else might benefit financially, but it may not be worth it if the estate did not have very much in it, and it would be a somewhat difficult uphill battle to win. I know it's frustrating to see a greedy sister take everything, but this case shows the danger of not having a will prepared that would have taken care of all complications.

SINCERELY,

[email protected]

 

[swimmin4]

Dear Adviser, Your reply was quick and helpful. Would you explain about not having to contact his adopted son? My brother was a non-conformist. It was suprising that he placed mom and me as beneficiaries for his emplotee stock and savings accounts. Yet, none for his life insurance or pension. Many people I have talked to are not aware of "filing" a will. My brother spoke often to me, as well as to others, what he wanted at death. Like most "old hippies", he thought he'd live a long, long time. How do I find out if this in probate? Remeber, my sister wont tell.

 

[swimmin4]

manipulated

Dear Adviser, Your reply was quick and helpful. Would you explain about not having to contact his adopted son? My brother was a non-conformist. It was suprising that he placed mom and me as beneficiaries for his emplotee stock and savings accounts. Yet, none for his life insurance or pension. Many people I have talked to are not aware of "filing" a will. My brother spoke often to me, as well as to others, what he wanted at death. Like most "old hippies", he thought he'd live a long, long time. How do I find out if this in probate? Remeber, my sister wont tell.