0
I am an heir in my mothers will but the executor will not provide any information about my inheritance?
You should allow the executor some time to work before demanding information. Executors need time to locate and gather estate assets and determine and pay estate bills. If you are entitled to a percentage of the estate, it would be impossible for an executor to give you an accurate idea of the size and nature of your inheritance.
Never the less, you are entitled to know everything about the will and the estate, however, not necessarily as soon as you would like. All states have laws governing the information an executor has to give to beneficiaries, but not all are the same, so you do have to check the laws of the state the will was probated. These laws are made to give executors a reasonable amount of time to perform their work without interruption or intrusion by beneficiaries. Examples are:
Beneficiaries are entitled to know that a will that names them as a beneciciary has been admitted to probate. However, all such statutes or rules give executors a reasonable amount of time to do so. In New Jersey it is 60 days.
Beneficiaries are entitled to know what the assets of the estate are; however, the executor does need time to compile the inventory of assets. In New Jersey, executors are not required to file inventories with the probate court unless a beneficiary asks the court to force the executor to do so. Unless there are some exigent circumstances, the court will not order an inventory before 6 months after the date of probate. Many other states require the filing of an inventory within a certain period of time. If that time passes, the court will order it to be done.
Beneficiaries are entitled to know what bills and administrative expenses are being paid out; however, executors are not required to give regular updates to beneficiaries. In New Jersey, a beneficiary can ask the probate court to compel an executor to file an intermediate accounting, but, unless there are exigent circumstances, the court will not order that accounting until after one year from the date of probate. Some states require an accounting to be filed within a certain period of time, or the court will order it to be done.
These time periods do not preclude beneficiaries from asking questions and they do not preclude executors from giving information out sooner.
Ultimately, the executor has to prove to your satisfaction that the amount of your inheritance is the amount to which you are entitled. If you are not satisfied, the disagreements will be litigated in court.
The whole idea of this system is a balancing of the interests and rights of executors and beneficiaries. It is a recognition of the fact that executors need time to administer the estate free from interruption for a reasonable time. After that, the interests of beneficiaries becomes more important and you can ask a court to compel the giving of information if it is not voluntarilly given.
My advice to executors is that the more information given to beneficiaries the better everyone will be.
My advice to beneficiaries is let the executor work in peace for a while.
Good executors should not be secretive as secrecy breeds suspicion and ill feelings. But good beneficiaries should should not be disruptive and demanding. The constant interruption of an executor's work usually only delays matters.
From your perspective:The executor is required to file the Will in Probate Court if your mother owned any property at the time of her death. Once the Will is filed you can visit the Probate Court and ask to see the file. You can review the Will and obtain a copy if you wish. From that point on you can monitor the executor's progress in probating the estate by periodically visiting the court and reviewing the file to see what documents have been filed. You have the right to have the estate probated expeditiously.
What else can I help you with?
How can I transfer inheritance money to my bank account?
To transfer inheritance money to your bank account, you will need to provide the necessary documentation, such as a copy of the will or death certificate, to the executor of the estate or the financial institution handling the inheritance. They will then facilitate the transfer of the funds to your designated bank account.
Is there any way to get a part of your inheritance out before you get the do what you have to do what you have to do for it?
The process of receiving your inheritance typically involves completing any necessary legal steps before you can access the funds or assets. However, you may be able to negotiate with the executor of the estate to provide you with a partial distribution of your inheritance before the whole process is complete. It's important to communicate openly with the executor and seek legal advice to understand your options.
How can I legally bring inheritance money into the US?
To legally bring inheritance money into the US, you should declare the funds to customs when entering the country and provide documentation such as a copy of the will, a letter from the executor of the estate, and proof of the inheritance amount. It is also advisable to consult with a tax professional to ensure compliance with any tax obligations related to the inheritance.
Mother died four years ago, father died two months ago. No will, just trust. Brother who is executor unwilling to provide copy of trust for me to verify my inheritance. How can I obtain a copy of this trust that was completed in Missouri?
You may have to visit Missouri or call the local office and provide proof that you are their child, so they can mail you your proper information.
Do you have to be present when made as the executor of an estate?
No, you do not have to be present when appointed executor. The court will provide a letter of authority. This is often handled by the attorney advising the executor.
How do you claim family inheritance in US?
You make your claim against the estate. If you were named in the will or are a natural heir to the deceased, the executor has to notify you. Contact the Clerk of the Probate court for the county in question. They will be able to provide you with the contact information for the estate. If an estate hasn't been opened, contact a probate attorney for help and they can get it set up.
How do you change the executor of an estate if the designated executor is not fulfilling his duties?
You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.
What documents do beneficiaries automatically receive?
They do not automatically receive anything. In some cases, the executor will not have to provide information to the family. They can obtain copies of anything filed with the court.
What are the obligation of an executor to the heirs of an estate?
To insure that the estate is settle correctly and efficiently to maximize the heirs inheritance and to provide clean title to property. A full accounting of the estate and its assets must be produced.
Can the probate office ask for executor for a statement?
The executor is required to provide a full accounting. The court can request one on a regular basis.
Can an executor withhold information concerning assets to the heir of an estate?
The executor must file an inventory of assets with the court and at the end of the probate procedure they must file an accounting to notify the court where all the assets were spent or distributed. You can visit the court and review all the filings in the case. If they withhold information or assets from the court they will be held personally liable and can be removed. If you have proof you should notify the court.
Your sister is executor of my mothers will Do you have a legal right to see the will before your mother dies?
As a beneficiary of the will, you may not have the legal right to see the will before your mother dies unless your mother or the executor chooses to share it with you. After your mother passes away, the executor is legally required to provide the beneficiaries with a copy of the will during the probate process. If you have concerns about the process or your rights, it may be helpful to consult with a legal professional specializing in estate matters.
