Somerset, NC asked in Probate for South Carolina

Q: Executor of will not listing all assets of deceased.

My fiance's mother died a little over a year ago. She had a will, which gave her land to her granddaughter and made granddaughters husband executor. Executor is supposed to sell "mom's" house, car, tractor and all property in the house then split the proceeds between my fiance and his sister. But in court papers the executor filled, he listed only house and car as "mom's" property. Nothing else "mom" owned was listed for example: her new refrigerator, new stove, washer and dryer etc. The house sits empty so something was done with everything mom owned. We & most others in the family believe executor kept what he wanted, then sold the rest and kept the money. What can my fiance and his sister do about that?

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: You can file a petition to direct the executor to recover those missing assets. It would help very much if you have evidence that those assets actually existed as of the date of death. Things like time-stamped photos and sworn affidavits from family members, friends, and others who would have had personal knowledge of their existence.

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