Since a death, nearly a year ago, the executor (who also has power of attorney) has not shown a copy of the Will, has not filed the death with the county, sold the house for a seemingly very low price, and becomes very angry when questioned for any details. He has also not given any sort of accounting of the deceased's assets. Aside from hiring a lawyer, are there public records accessible to learn the actual sale price of the house, where the assets of the deceased were filed, etc? Any other advice is appreciated as well.
2006-12-17 02:36:53 · 2 answers · asked by user5451 1 in Family & Relationships ➔ Other - Family & Relationships
Small correction. It has been nearly two years.
2006-12-17 02:39:51 · update #1
Power of Atty. ceases at death so there is no issue there. The executor does not have to show a copy of the will, but should be willing to do so. Have you asked him to do so? He should only sell the house according to how the will states. In other words if the will left the house to all siblings, then all siblings would have to agree on price, etc., then sign off it. The rest of the assets also must be split according to the will. Keep in mind not all assets have to be left in the will. For instance if the home was in the deceased and one other's name only, that home becomes the property of that other person immediately upon death and he/she may do with it as they please. It's not part of the estate or the will in that case.
The funeral director or deceases' atty. should have filed the death with the county, if need be. You should be able to go to the county tax department or the assessor's office for anything that's on public record as to the sale of the home. Not everything will be on public record though. If it all went through probate, see go to your county clerk and ask to see the probate records. It really sounds as though you need an attorney's help. I'm not sure of the statute of limitations in your state, but I'd do it soon.
2006-12-17 02:55:32 · answer #1 · answered by capnemo 5 · 0⤊ 0⤋
A will must be filed with the clerk of court for the county. A basic will for someone with 2 million in assets must also go through the IRS and state for estate tax purposes. Try to find out if the will was written by a lawyer. The county of the deaceased register of deeds will have record of property transfers, and also the tax department will have property value. If the deaceased estate is over 2 mil, the estate and executor could be in a world of sh*t with the IRS, or state.
2006-12-17 03:05:15 · answer #2 · answered by rwhz199 4 · 0⤊ 0⤋