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My dad passed five years ago, and my mother a couple of weeks ago. They left behind a decent amount of personal property, real estate, and money. I have good reason to suspect that my brother, who will be executor, will lie and say he could not locate me, my daugther, and my sister. I suspect this because that was his excuse to not tell us when my mother died. That's right. My mother died, and I found out through the grapevine the next day. I live in a neighboring county (which my brother knows), I have had the same job at the same company for 20 years (which he knows), and he is a private investigator. Therefore, he CAN find me, but I still think he will say that he can't.
Is there a way to make sure we are notified regarding the will and distribution of the assets? I tried to contact the Circuit Court clerk in the county that my parents lived in, but have received no reply from them. Would the court have a copy of the will, and would I be allowed to see it? How would I go about that?
Do you know who the lawyer is that prepared the will, etc.? If so, I would start with him and make sure you get a copy of the will if you don't already have one. Also, it will probably go thru Probate Court. I would be standing on somebody's door step instead of wondering if you will be notified about the will.
I would be hanging by the court house door. If you have a lawyer, then perhaps he could look into it for you. You may have to hire one. Have you ever seen a copy of the will?
Go to a probate attorney and ask him/her your questions. There may be a free consultation or a hourly cost. These are simple questions and receiving simple, correct answers shouldn't take long.
Good Luck to you.
As a lay person I would suggest sending your brother a certified letter, return receipt requested, listing all of your current contact information and requesting the name of the attorney who wrote the will, a copy of the will and the date of any upcoming court appearances or lawyer meetings regarding the will.
You brother may just send you a copy of the will. If he doesn't you have a record that he received and signed for a letter with all of your contact info.
Depending on the situation, I would also send a copy of the letter to another relative (does he have any children with morals?) so he can't tell all the relatives that "he couldn't find you."
I'm sorry for the death of your parents.
Last edited by germaine2626; 03-19-2013 at 01:56 PM..
My dad passed five years ago, and my mother a couple of weeks ago. They left behind a decent amount of personal property, real estate, and money. I have good reason to suspect that my brother, who will be executor, will lie and say he could not locate me, my daugther, and my sister. I suspect this because that was his excuse to not tell us when my mother died. That's right. My mother died, and I found out through the grapevine the next day. I live in a neighboring county (which my brother knows), I have had the same job at the same company for 20 years (which he knows), and he is a private investigator. Therefore, he CAN find me, but I still think he will say that he can't.
Is there a way to make sure we are notified regarding the will and distribution of the assets? I tried to contact the Circuit Court clerk in the county that my parents lived in, but have received no reply from them. Would the court have a copy of the will, and would I be allowed to see it? How would I go about that?
If he was as covert (sorry for wording) about your mother's death, then it's clearly obvious how he will handle the estate.
To echo the other advice given in this thread, consider obtaining a lawyer who will work in your interests. I am Sorry for your loss and what you have to deal with.
In regards to the above poster (Germaine) to add to what he/she said, when you do send the letter to your brother, lock a few copies, and the original certified return receipt up in a safe deposit box that is in your name only. I would also keep original copies of any related or follow-up correspondence locked up as well.
I may sound extreme, but sometimes you have to take extreme measures to protect yourself and your interests even if family is involved.
Yes, please send him a certified, notarized letter. If he refuses to accept it, send him a copy via Fedex with tracking.
As executor, he is supposed to ensure that the assets of the estate are distributed per the will. This may give this person power to withold assets if they "can't find" the beneficiary (depending on your state and some other legal conditions). You read stories sometimes about a lawyer contacting an individual after searching for several years on behalf of a long lost aunt who has willed them a fortune. If your brother is angry or unscrupulous, you may have to sue the estate to get your share unless you nip this in the bud.
First things first. Since you are in a neighboring county, get your butt over to the court, do not call/leave messages/send text - go in person. Go to the probate court and ask if your mother's estate is listed. If not, contact the county/city/state Bar Association Lawyer Referral Service and get yourself a low-cost initial consultation with a probate attorney and find out what's going on and what to do about it.
Wills can be written up without the use of an attorney. I would not be sitting back worrying if your brother will ever contact you. I would be knocking on his door. As mentioned already, send him a certified letter with all of your contact information (even if he already has it) and get a receipt once he signs for it. Don't let too much time go by with nothing happening. You may end up having to hire an attorney yourself if he is uncooperative.
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