2-22-2002
DEAR RAYNKAT:
What was the month and year of your grandmother's death? It will take a few months for the estate matters to be resolved, and the executor will eventually have to provide an accounting for all assets she received.
She can not keep all the assets into her name, although that is possible. You must give time for the probate process to play out, and when all assets are claimed and all debts/expenses/taxes/funeral expenses are paid, then what is left over is divided and checks issued to heirs if anything is left.
Have you seen the will and do you know what it says? Normally, the will is supposed to be filed at the county courthouse probate court within 30 days of the person's death. If you haven't seen it, go to the courthouse to find out if it has been filed. If it has been, you can get a copy.
If she admitted to finding the insurance policy with the 2 surviving children's names on it, then those children should immediately ask her for the name of the insurance company and the address and phone number, if that information is already on there. Insurance policies are NOT considered part of an estate, and do not need to go through probate, since the money is payable directly to the beneficiaries, who can spend it any way they want. She probably is not going to voluntarily give that information to you if she thinks you all are not smart enough about estate matters. If she says she has disbursed the funds, that is illegal and improper and she will need to provide proof to you that she did this (copies of checks), or else you will need to complain to the probate court. I think she is bluffing/lying about that, just to keep you all from getting that money. If she doesn't give you all the information about your insurance, consider getting your own attorney and filing a motion with the probate court to have her removed for dishonesty.
SINCERELY,
advisor