SINCE MY MOTHER PASSED IT'S BEEN TWO MONTHS AND NO WILL OR TRUST PRODUCED BY THE EXECUTOR.

Question

MY SISTER SAID THE EXECUTOR JUST GAVE HER A CASHIER'S CHECK FROM MY MOTHER'S ESTATE. AND SHE TAKING THINGS AWAY FROM MY MOTHER'S HOUSE THAT WAS LEFT AND SUPPOSED TO BE SOLD AND PROCEEDS SPLIT. I WANT AN AUDIT OF MY MOTHER'S BANK ACCOUNT, BACK TO WHEN THE EXECUTOR JOINED HER ACCOUNT AND FORCE PRODUCTION OF THE WILL

James Clifton · Answer

As a beneficiary, you have the right to request an accounting of the estate. This includes all transactions made since your mother's passing, including any payments or withdrawals from her bank accounts. The executor is legally bound to provide this upon request, showing how estate assets have been managed. 
 
If you believe a will exists but hasn't been presented, you can formally demand its production. If there's no will or trust, then the estate would be handled according to intestate succession laws, where the state dictates how assets are distributed. 
 
If the executor refuses to provide an accounting or produce the will within a reasonable time frame after your request, you might need to consider legal action. This could involve filing a petition with the court for: 
 
An order compelling the executor to produce the will or trust. 
An audit or accounting of the estate's finances. 
Removal of the executor if they're found to be mismanaging the estate or not fulfilling their duties. 
 
Schedule a free consultation to make sure your inheritance is protected.

James L. Arrasmith · Answer

It sounds like you're facing a challenging situation, and you have valid concerns about how your mother's estate is being handled. If the executor has not produced a will or trust after two months, and there are irregularities like your sister receiving funds without transparency, it's important to take action. You have a right to understand what’s happening with the estate, especially if items that should be sold for the benefit of all heirs are being removed. 
 
You can request an audit of your mother’s bank account, especially if you suspect there’s been improper access or use of the funds. Executors have a duty to manage the estate according to the law and the deceased's wishes. If the executor joined your mother’s account before her death, you may want to look into whether that access was appropriate or if there was undue influence. 
 
To compel the production of the will, you can file a petition in probate court, which will force the executor to provide the document and give you a clear understanding of your mother’s wishes. It may also help to consult with a legal professional to guide you through this process. This will ensure that the estate is handled fairly and according to the law.

Q: SINCE MY MOTHER PASSED IT'S BEEN TWO MONTHS AND NO WILL OR TRUST PRODUCED BY THE EXECUTOR.