My sibling is Executor of my parents will. My sibling will not release the attorney information until after everything is settled. My sibling has given incorrect information about my parent's finances. How do I get my sibling to release the attorney information when the estate probably won't go thru probate?
To whom has your sibling given incorrect information about your parents' finances, and with respect how do you know? Is it the case that you want the information corrected and your sibling either can't be bothered or has some sinister reason for not wanting to provide correct figures? Are you sure the difference is going to matter enough to be worth the battle?
Your parents' wills, plural, are separate documents. If it's not a hurtful question, when did your parents die?
Is this actually about your parents' estate, or is it actually, do you suspect, more about some pre-existing conflict between you and your parents' executor?
Exact procedures vary from state to state. If you go online and search for "wills in [name of your state]" you should be able to find out what process has to be followed where you are.
You may or may not be entitled to a copy of the will right now; but it seems to be a universal rule that beneficiaries are, and I assume you are a beneficiary.
If so, once the executor files the will with the probate court you should receive a letter confirming your beneficiary status. The attorney information should be included.
In addition, along the way as things progress you should receive additional letters regarding the various stages and steps. This should include an inventory of assets.
However, if your brother had been POA while your parent was alive - if he had pulled any funny business such as putting his name on accounts - which by the way, isn’t necessarily funny business but necessary for bill paying etc - these accounts won’t likely be included in the probate process.
As far as what actually makes it to probate- it’s quite difficult for an executor to be dishonest at this point. The probate court has several checks and balances to prevent this - all overseen by a probate judge.
Even more cautiously... the simplest thing to do, of course, would be to call your executor sibling and ask :/ Any particular reason why you can't do that? And, again, how do you know that false information has been provided, and to whom has it been provided?
Good luck getting this all sorted out.
Under a certain amt of assessts being "in the trust" we will not have to go into probate. The executors will handle everything. Our attorney will be there (actually, he won't probably live as long as I do)--for questions, and we have designated that all the kids know all the goings on as to the distribution of our effects. "Complete transparency".
If your father didn't tell you who his attorney is, that's hard. Your brother won't tell you? We have attorney client privilege and our attorney CANNOT legally tell anyone we don't designate ANYTHING. I don't know how you get around that.
Maybe try talking to brother, or this that kind of pointless?
You're probably going to have to get your own attorney to sort this out. Basically, force your brother to do the "right" thing. Sad when families come to this, but it happens all the time.
I am a beneficiary. My question is what are my legal rights to the attorney name and copy of the will and how to get my sibling to release the information. I understand as my sibling is the executor they have control. My sibling has given false information. My understanding is....unless an estate does not go to probate...I have no way of knowing who the attorney is.
Do you know if all estates go thru probate...like is this automatic or might vary per state or circumstance? I would have thought I would have received something by now in the mail but have not and the estate is not listed in probate just yet...I've searched the county records.