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Is a PR obligated to provide me documentation? Duplicate, also posted in probate/pr

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polywog

Junior Member
What is the name of your state?
Alabama

I am acting as conservator for a minor (I am also the legal guardian of the minor). The minor was the sole heir of his mother(my sister), who has passed.
Our mother was appointed administrator through my sister's will, and she is also acting as a PR for wrongful death actions brought after my sister's death.

I have recieved two checks, written from the administrator's attornies' trust account, for the minor. There were 4 major settlements pending, and all 4 were reported to me as final. I contacted the administrator and her attorney and requested documentation to support the amounts provided.

I recieved in the mail-- copies of the checks from the attorney I have already described above--which I already had to begin with. These do nothing for me to verify what the money is for, or whom it came from, or why it was settled. I was then contacted by my mother's attorney and told that "for confidentiality" reasons she does not have to turn that information over to me and that she refused to authorize the attorney to do so.

So,my question is: By Alabama Law, does the PR have to provide the conservator and guardian of the sole heir-at-law with documentation that verifies the information requested? Do I have to request it from the court and is she even required to provide verifying documentation to the court?

I was of the mind that heirs would be entitled to view ALL documentation for an estate that they have a legal interest in. Is this not correct?

Thank You
 


polywog

Junior Member
I was informed by the court clerk that the wrongful death matters are not in their jurisdiction. They were all part of a lawsuit filed in another county.
According to Alabama law, the wrongful death proceeds do not pass through the estate, but are held in trust by the PR (usually the executor/administrator), and then settled upon the heirs-at-law.

So, I have been informed that these are the settlement amounts, and have been given these funds---but NO documentation whatsoever (cancelled insurance settlement checks or copies of the settlement, with an accounting for attornies/other fee deductions) to verify who/what/why.
 

polywog

Junior Member
I contacted the attorney who handled the wrongful death cases, and he said that they ARE NOT a matter of public record when they have been settled OUT OF COURT.
SO! I need the info, as conservator, to be able to act as required by law but I can only gain access to the info through the Personal Representative, who is saying NO (for what reason, I have no idea!...unless she's hiding something or she's just on a weird power-trip).
 

polywog

Junior Member
Yeah :) I just contacted one :) Thanks for the tip though, I'm definitely going to view any info that IS publicly available in the probate and wrongful death files. Since she's made such a weird big deal of this....I'm checking everything carefully.
 

polywog

Junior Member
If she WAS, by law, supposed to give me the information without forcing me to resort to legal action....Can she be ordered to pay any legal fees that are incurred in obtaining the info?
 

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