Q: My brother is the executor of my moms estate. What rights do I have as a beneficiary.
Executor won't give copies of probate papers or any papers regarding the sale of her home. Now he refuses to answer our calls or texts and says will only contact us through mail. He has been talking to one beneficiary and not the other two.
A:
Hello,
I am sorry for the situation. I am not sure why, but I often see the executor stone wall beneficiaries. It sounds like you signed a waiver of notice or else everytime he filed something the Court would require that he also send you a copy if you are in fact a beneficiary. The executor is responsible for maintaining an accounting, but he doesn't have to file unless an interested party asks him/her to.
If he is not communicating with you, you can start by asking for an inventory of the estate. You can file this with the court and he is legally required to file it and this will also mark you as an interested party. If you haven' signed a waiver of notice, then you can revoke that waiver by filing a revocation of waiver of notice with the Court also.
There is no law that says he has to speak with you, so he can choose to communicate through mail. However, unless you have opted to sign a waiver of notice, you should be getting mailed copies of whatever court documents are filed. If you are not, then he is not doing his job and you may need an attorney to help you assert your rights.
I hope this helps.
Wes
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
