we know the executor and he is not a friend so we are worried my son won't get what he is entitled to. how does it work ?
2006-12-16 04:55:32 · 14 answers · asked by richedellis 2 in Politics & Government ➔ Law & Ethics
you can ask for an accounting of any and all funds that he is supposed to get
2006-12-16 05:02:09 · answer #1 · answered by Anarchy99 7 · 1⤊ 1⤋
You cannot be executor/ administrator if you are also a beneficiary as far as i can remember, if probate is granted its a public document available for inspection. If in the unlikely event that something did happen, your son could enforce his equitable title against the executor and or the estate. The exectutor is acting for the estate and not for him/herself, and therefore the lawyer while being instructed by the executor will owe contractually and in tort a duty of care to the beneficiaries and estate. You should be fine.
2006-12-20 00:23:49 · answer #2 · answered by logicalawyer 3 · 0⤊ 0⤋
Request an immediate accounting from the Executor, asking directly whether or not there are funds for all beneficiaries including your son. If the accounting figures/answer is suspicious or unacceptable, you must file to Contest the Will in Probate court.
2006-12-16 10:15:33 · answer #3 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
As long as a good lawyer is handling the estate, the executor shouldn't be able to hold things up. Ask the lawyer about possible "breach of trust" issues.
2006-12-16 05:30:09 · answer #4 · answered by thundergnome 3 · 0⤊ 0⤋
The executor could waste assets with heavy administrative expenses. But you are entitled to an accounting as guardian for your son if he is a minor. And you can ask the probate judge to charge the executor personally for wasteful expenditure.
2006-12-16 05:17:09 · answer #5 · answered by Anonymous · 6⤊ 1⤋
It is unlikely unless there are insufficient funds in the estate after satisfying proper obligations. If you ask for an accounting of all funds you can trace where the money goes. Start with the inventory filed in the probate court and pick up with the accounting to be sure the money is disbursed properly.
2006-12-16 06:25:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
As long as your executor is not related to my aunt, he should hopefully get it - my aunt is making a mess of the whole thing. Word of advice, have a word with a solicitor so that you are aware of his and your sons rights and duties, and don't take any excuses that are aimed at wasting time.
2006-12-16 05:09:10 · answer #7 · answered by Squishya 2 · 0⤊ 2⤋
Your son will get his money eventually if that's what was in the Will. It could be that the Will is being disputed which could take years to sort out but he will definitely get it
2006-12-16 05:02:13 · answer #8 · answered by toon_tigger 5 · 0⤊ 2⤋
No wills are legal and binding the lawyer handling the will has to oversee the distribution of the estate
2006-12-16 05:03:21 · answer #9 · answered by thunderchild67 4 · 1⤊ 2⤋
OK you're telling someone died and there is a person on the will and you really don't know that person.How did this person die? I have seen wills disappear before and as long as you have a copy then there is proof
2006-12-16 04:59:19 · answer #10 · answered by Apple 4 · 1⤊ 2⤋