Estate Planning / executor

If a formal probate estate was opened for your mother, then your brother as Executor is charged with making distribution under her Will as admitted to probate. It may be that there are creditors' claims, tax returns to be filed, other matters to be attended to before the estate is ready for distribution to the beneficiaries.

Does the Will make you and your brother residuary beneficiaries? Your next step is to take the copy of the Will and whatever file you have from what your brother has done as Executor, to a probate lawyer in the county where the estate is pending. That person will be able to contact the attorney for the personal representative and seek a status report, file a Request for Special Notice, and take appropriate steps to monitor progress toward closing of the estate.

As to caring for your parents, was there an agreement for you to be paid for that service? If so, you should consider filing a creditor's claim based on that agreement. The same attorney can help you with that task.

Questions like this are fact-specific situations. You need for someone familiar with probate practice and the local rules in the county concerned, to review the case file and advise you.

I am sorry for your loss. Loosing a parent is difficult, and your grief is exacerbated by the contentiousness among you and your siblings. Unfortunately, we see this type of situation all too often.

Since I don't know what state you live in, or in what jurisdiction your mother was domiciled, it is impossible to be specific. This being the case, my answers are more likely to be suggestions for you to consider.

It is important to know whether your brother actually qualified in the appropriate jurisdiction under the terms of your mother's will. If he did, then all of the documents are public record and you can get a copy of them. Check to see if he is following the terms of the document. Your mother's County, Parrish or City (whatever the jurisdiction is in your state) of domicile will have court records where wills are recorded. You may be able to do this yourself, although an estate planning or probate attorney could help you with this process.

How was you mother's home titled? Was it in her name alone, or did she own it jointly with your brother? Title of the asset will play a key role in how the proceeds are distributed. You can see how the residence was title by doing a deed search (or a title search) for your mother’s real estate in the court records where she lived.

There is likely a statute of limitations for creditors of an estate to make claims in your mother’s state of residence. In many cases, executors are advised not to make distributions to beneficiaries until this statute of limitations has run. In some jurisdictions that statute of limitations is one year. If you brother is qualified as the executor of your mother’s estate, he may be waiting for the statute to run. A probate or estate planning attorney in your area can answer that question for you quickly.

I have found that there is quite a bit of misunderstanding and misinformation surrounding the settling of a decedent’s affairs. In order for you to know for certain that you are getting your fair share, and that nobody is taking advantage of you, it may be wise to invest in an hour of time with a local attorney who can answer these questions for you. The peace of mind that you can get from that time is well worth the cost.

Best of luck.

You should file a petition for settlement of accounts and an accounting. This will cause the court to set a hearing where your brother will have to answer questions about why he has not made distributions to the beneficiaries. He will have to account for all money he has brought into the estate.

My mom and dad are devorced and my dad died leaving her the executor of thee state and a beneficare,so she wishes to sign her portion to the children. What does she have to do?

Without knowing what state you live in, its impossible to give a complete answer. However, if your brother is the Executor, he is answerable to the Surrogate in your County and all records are open for your inspection at the Surrogates Court. If he refuses to answer your questions, the best thing to do is ask the Court to intercede on your behalf by demanding an accounting. This is usually done by a formal motion, but many courts will allow you to make the request more informally and then will schedule a conference in Court with a lawyer who works for the court and the litigants (i.e. your brother, your sister and you) and will usually try to work things out informally before forcing it into further litigation. Consult with a lawyer beforehand if you are unsure of yourself.