timely dispersment of funds

[radtech]

My mother passed away on 12/7/1999 and left my brother as the executor of her will,in which myself, my brother(executor) and my sister shares a substanial estate equally. It has been well over a year and no money has been dispersed to us. All probate,taxes and debts have been paid according to him. We keep asking him for our share but he only avoids the issue. Is there any legal action we can take to get what is rightfully ours?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yes, you can hire someone like an estate lawyer to rep your interests and have an accounting ordered of the estate disbursement -- taxes, bills, beneficiaries.

 

[advisor10]

(01-22-2001)

DEAR RADTECH:

You forgot to mention what state your mother died in.

(1) CHECK AT THE COUNTY COURTHOUSE to see whether the will has been filed yet. You will need to know the date of death and city where she died. If the will has been filed, you can look at the file to review any and all financial documents it contains.

(2) SINCE YOUR BROTHER SEEMS TO BE STALLING FOR NO GOOD REASON AND IS NOT GIVING YOU A JUSTIFIABLE REASON FOR NOT YET CLOSING THE ESTATE, THEN:

(a) IF HE IS AN ATTORNEY, you can write a letter of complaint to the local or county bar association, to the attention of the ethics commission, since his behavior is very unethical.

(b) IF HE IS NOT AN ATTORNEY, then write your letter of complaint directly to the PROBATE COURT CLERK at the county courthouse, as the court clerk and/or the probate judge have the power to require him to file in a timely manner.

ALSO TRY TO FIND OUT FROM AN ATTORNEY IF YOUR STATE OR COUNTY REQUIRES AN EXECUTOR TO BE BONDED. If he is bonded, then your portion of the estate is protected can be recovered from the bond insurance company if the executor has improperly spent your share.

RESPECTFULLY,

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