An aunt and uncle are the Co-exectors and my brother and I are the beneficaries. The thing is my aunt, uncles and their children went through my mothers apartment and took all the things that they wanted. Leaving my brother and I out of it. Now we are told that some things are in a storage and we have two months to get it out. My aunt is the only one who has acsess to the storage and can not seem to find the time to let us in.
There is very little money in an account at her bank maybe a few hundred, but the little trinkets of jewerly and such are more of importance, there is little money value to them. She was poor,
2007-08-08 05:58:29 · 12 answers · asked by pan_n_pandora 2 in Politics & Government ➔ Law & Ethics
The beneficiary gets the property. If this goes through probate, the executor will have to answer to the court for how she doled it out. If it does not go through probate and is just informally settled, I'm not sure what you do. If there wasn't much valuable, it may not be worth it to pursue.
2007-08-08 06:04:12 · answer #1 · answered by Flatpaw 7 · 1⤊ 0⤋
Beneficiaries are the people receiving something. An executor is in charge of making sure the division of assets are dealt with according to the will. Sometimes the executor is also called the personal representaive of the estate if it was probated in court.
I've never heard of more than one executor though. Usually there is only one and sometimes it's a lawyer.
2007-08-08 06:12:08 · answer #2 · answered by Eisbär 7 · 1⤊ 0⤋
It is the executors job to see that the will is executed as specified. Nothing else. You and your brother need to hire a lawyer ASAP. You aunt and uncle have acted illegally. If you cannot afford to hire a lawyer, you can look in your local phone directory or on-line for your state's legal aide providers. They will base their fee on your income. I mention this because some people say they cannot afford a lawyer. In your case you cannot afford NOT to get one. Your aunt and uncle have acted shamelessly.
2007-08-08 06:07:51 · answer #3 · answered by arkiemom 6 · 1⤊ 0⤋
I would seek an attorney and have them write your aunt and uncle and let them know that in no uncertain terms that you and your brother have a right to those things and that your aunt had better find the time to open the storage or you will file a lawsuit against her . Find a mean and nasty lawyer who will go for the jugular !!! good luck .
2007-08-08 06:03:07 · answer #4 · answered by Kate T. 7 · 3⤊ 0⤋
the beneficiary gets the deceaseds posessions. the executor is responsible for makeing sure the instructions in the will are carried out correctly. there is sometimes a fee or payment to the executor but they shouldnt get to pick through and take what they wanted (unless your mothers will specified they could)
2007-08-08 06:04:27 · answer #5 · answered by fat_albert_999 5 · 1⤊ 0⤋
The way the laws are written, and I might add by scumbag lawyers, if some one dies the scumbag lawyers fight over the money and any thing that is worth any money and any money you might have in savings. The lawyers are not fighting to get you what you deserve they are fighting over what they will get to put in their pocket.
Why are lawyers and sperm alike, because they both have a 1 in a million chance of becoming a human?
2007-08-08 06:25:52 · answer #6 · answered by Flyflinger 5 · 0⤊ 0⤋
File a Motion to compel return of the items to the estate with the Probate court. Also, in your motion, file to remove the executors for gross misconduct and suborning theft of the estate.
If they were required to post a bond, ask to have it revoked.
Then file a police report of theft against all parties.
2007-08-08 06:05:49 · answer #7 · answered by hexeliebe 6 · 0⤊ 0⤋
as far as i know the beneficiary recieves the property, money, whatever is written in the will. the job of the executor is to carry out the will (i.e. make sure that the beneficiary get's what they are entitled to)
2007-08-08 06:02:04 · answer #8 · answered by Rachel D 3 · 1⤊ 0⤋
It was illegal for executors to take anything that was not agreed upon in advance. They stole from you. If you have the $ you can take them to court. If not, it's one of those unfair things that unforunately you'll have to let go.
2007-08-08 06:02:42 · answer #9 · answered by justbeingher 7 · 2⤊ 1⤋
Beneficiaries get the stuff !
They screwed you by talking what belongs to you.
2007-08-08 06:02:11 · answer #10 · answered by Anonymous · 2⤊ 0⤋