Q: Where did the assets go?
My grandmother died and left a will. She had 3 living children at the time. Danny ( my uncle who had no children) Sylvia ( my aunt) and Gary (my dad). She had a survivorship clause that stated anyone who died within 90 days or the Will was probated, whichever occurs sooner shall be deemed predeceased. My dad Gary died less than 30 days later.
My uncle (danny) died within weeks of the will being probated. There was land, a house a car and a Money Market. Total assets were 440,000. Expenses were 44,000. Of everything I'm told that through my uncle, I inherit my dad's portion which is 1/3 of one of the parcels valuing about 164,000. When the final settlement of account was done Sylvia (my aunt) got everything but this parcel because she was the sole living heir. Is that right? Should he have gotten half of everything? There's about $60,000 that she got that I don't understand. Now she is charging $25,000 for lawyer fees and Cleanup which she incurred to "sell the parcel". Please help
A: A beneficiary can demand an accounting from the executor. Hopefully the executor will direct the attorney assisting in probating the estate to provide this without you seeking a Court Order.
A: You should gather the correspondence and documentation you have regarding the estate, meet with a probate attorney, and have him or her explain your options. The time that has passed since your aunt received her letters and whether she is serving as a dependent or independent personal representative is going to impact your options. Your attorney can reach out to her attorney and verify whether your aunt is properly administering the estate and accounting for her actions.
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