my sister is executrix of my mothers estate. How do i know what were all of my mothers assets? She has sold the house and sent me a personal check for half of the house. My brother in law has rights of survivorship for mutual funds my mother and he shared. I understand i would not succeed in contesting but do i have the right to know what they are? There are more financial accounts however my sister says that they are not part of the estate. She says my mother wrote a letter to her dictating what was to be in the estate.....the will itself is vague. Shouldn't i have a copy of this letter?
2006-10-27 08:53:21 · 4 answers · asked by tray45 1 in Politics & Government ➔ Law & Ethics
Yes, you have the right to know about everything going on in the estate. As for your mother dictating what was to be in the estate, I don't think she could do that. Whatever she owned that wasn't co-owned by someone with right of survivorship becomes part of her estate. She could have written a note as to who gets what. And you do have a right to see that. And it has to either be notarized or in her own handwriting. A typed addendum without notarization is not valid.
2006-10-27 09:04:46 · answer #1 · answered by Chris J 6 · 2⤊ 0⤋
Anything she owned at death is part of the estate, unless title passes by operation of law at death, such as the accounts you mentioned that were owned in survivorship. These pass by law, so they are generally no one's business.
The letter can't change whether something is in the estate or not. If properly referred to in the Will, it can give instructions, but it can't remove something from the estate. If the Will did properly incorporate the letter it should be in the Probate file.
The Probate File, which you are entitled to view at the courthouse, should contain an accounting of the contents of the estate, often called a 'marshalling of assets'. These hypothetical items mentioned in this hypothetical letter should be there. If you know of something missing, that's a problem.
The Executrix has a duty to present a list that is complete and accurate to the best of her knowledge, but until someone shows otherwise, it's generally presumed accurate. The burden to show that her list is incomplete is on you.
As an individual, no, you shouldn't have a copy of the letter if your mother didn't send it to you. If it is used as a basis to distribute assets and the authority to do so, then it should be in the file. That's the nub of the question here.
Look for the list of assets and see if you know of anything missing.
2006-10-27 16:26:47 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
You definitely should have a lawyer look into this one. Anything your mother owned would be included in her estate unless it was in a state such as pay on death or like the mutual funds. You have a right to know about anything that the will implies you should get a piece of. If the will is too vague, then as next of kin, you should have access to info on all of the estate.
Your mother's letter does not necessarily represent a legal guide for distribution of her assets.
2006-10-27 16:14:09 · answer #3 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
You need to retain an attorney well-versed in estate law in your mother's state of residence.
This is no place to seek the answers to your questions.
2006-10-27 16:00:24 · answer #4 · answered by Fast Eddie B 6 · 2⤊ 0⤋