Home > Research Legal Advice > Estate Planning > DOES AN ATTORNEY HAVE THE RIGHT TO WITHHOLD INFORNATION REGARDING AN INH...
Asked over 1 year ago - Fayetteville, NC
FlagMY MOTHER WAS LEFT A PART OF AN INHERITANCE, SHE HAS PASSED AWAY SO ME AND MY SIBLINGS WILL RECIEVE HER SHARE, THE THING IS THAT THE ATTORNEY HANDLING THIS MATTER IS VERY SECRETIVE AND HAS NEVER DISCLOSED ANYTHING ABOUT THIS MATTER, SHE HAS BEEN RUDE AND HOSTILE THE 2 TIMES THAT I HAVE SPOKEN TO HER, ITS NOW BEEN 14 MONTHS SINCE THIS WILL WAS EXECUTED AND TO THIS DAY WE ARE IN THE DARK ABOUT WHAT WE HAVE INHERITED OR WHEN WE WILL BE ABLE TO LAY CLAIM TO WHAT IS RIGHTFULLY OURS. I HAVE TO MENTION THAT SHE DID SOUND IN MY OPINION VERY ANGRY AND WAS VERY IRATE WHEN SHE RETURNED ONE OF THE 200 CALLS I MADE TO HER IN THE PAST YEAR. THIS WAS ONLY THE SECOND TIME I HAD EVER EXCHANGED ANY KIND OF WORDS WITH HER. SHE DEMANDED TO SPEAK WITH ME AND WOULD NOT IDENTIFY HERSELF TO THE PERSON WHO HAD AN
First off, you are permitted to hire an attorney to represent you if you are a beneficiary of an estate. It seems as though this may be a good option for you since the attorney currently handling the estate may not be cooperating with you in the manner you expect her to. You will probably have to pay out of pocket. Secondly, you need to consider opening an estate for your mother since she has passed and because she was the beneficiary of an estate. Finally, are you 100% certain that you and your siblings are to inherit her share? Sometimes a will may dictate that a beneficiary has to survive a certain period of time in order to qualify to inherit. How long after did your mother pass? If you have more details share them and we can try to me more accurate in our assistance to you.
You need to hire an attorney as soon as possible. There is likely a statute in your state that requires an account of the Administrator to be filed within a certain amount of time. Most likely it would have to be filed or should have been filed before 14 months. A beneficiary or party of interest should be able to file a Petition to Compel an Accounting to force the Administrator to Account for their actions.
Additionally, Probate files are public record. Therefore, you are entitled to view that part of the file that is in the court's records. You should be able to go the Courthouse and review the same.
I believe you will get more answers if you have the assistance of an attorney. You can search AVVO for an attorney in your area who focuses on probate litigation.
I hope that helps and remember to mark the best answer.
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