i was named the exsecutor on my grandmothers will along with my mother, she has recently passed away and my mother refuses to give me a copy of the will or the lawyers info. I know what my grandmothers wishes are and they are not being met. athe house she lived in was to be sold and no one to reside in in, curently my brother is in it and has caused alot of trouble involving police.
Maybe I am not understanding, but you are the executor and can't see the will? It's impossible to be an executor of an estate if you don't know how the the estate is supposed to be administered. If you have to, request that the Surrogate involved requires your mother to turn over the information you need to carry out your responsibilities (the will of course.)
I agree with Mr. Stumph. If you are a co-executor then you have been designated officially with the Register of Wills. This does not sound right. You need to meet with an estates attorney in your area for a face to face meeting to explore your rights and legal options. Do this today without fail.
Hope this helps.
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Estate Planning Attorney
Both attorneys offer sound advice-make an appointment with an attorney.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Estate Planning Attorney
In order to officially receive Letters Testamentary and become the executor, a probate petition would need to be filed at the Surrogate's Court. If you were named as co-Executor under the will, you would have to be noticed. If your mother is being difficult, you may consider sending her a certified letter 1) stating that you know that you were named as a fiduciary of the estate 2) demanding that she provide a copy of the will, and 3) stating failure to do so will result in the hiring of an attorney.
You should consult with a lawyer knowledgeable with probate.
This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.
Elder Law Attorney
If the will names you as executor or co-executor, it can't properly be probated without your involvement. To determine whether the will has been probated, you can contact the Surrogate's Court. If your mother is holding a will on which you are named executor, you may need to bring a court claim, which would be in Surrogate's Court.
Elder Law Attorney
If your mother's lawyer filed the probate petition with the surrogate's
court (in the county where your grandmother lived), the lawyer's name and
info will be on it. In order for your mother to have authority to act on
behalf of the estate, the petition has to be filed and approved by the
court. If you were named as co-executor in the will, your mother should not
be appointed by the court without you also being appointed (unless you
renounced your right in writing). Based on your facts, it sounds like your
mother has not filed the petition yet. If the two of you don't get along, it
is not likely that the court would appoint both of you. You should consult
with a lawyer.
Joseph A. Bollhofer, Esq.
Joseph A. Bollhofer, P.C.
291 Lake Ave.
St. James, NY 11780
Member, National Academy of Elder Law Attorneys (NAELA)
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