My brother is upset that myself and my sister are beneficiaries of most of the estate. He disagrees with this and won't give me any information. I have tried contacting the attorney but she won't talk to me because I am not the executor. She sais it is client / attorney privacy and she can't talk to me. How do I know that things are being handled appropriately in regards to life insurance..etc. I don't know what to do in order to make sure that myself and my sister don't get taken by my brother
The best way to protect yourself is to hire your OWN probate attorney to review things and make sure your brother is properly administering the estate. It does not need to cost an arm and a leg for this. It sounds like your sister and you can probably split the cost, as well. It will be money well spent to know that you are getting what you are entitled to.
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3 lawyers agree
Mr Frederick offers the best advice; you cannot do this without estate counsel assisting you. As to the life insurance this is generally not a probate asset but is paid to the named beneficiaries, so your brother as executor really has no control over this asset.
Perhaps, but there would be very few people who would buy a 1/3 interest in an estate or an asset of the estate. Your best bet is to sell this to the two remaining beneficiaries.
Hope this helps.
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Estate Planning Attorney
If your mother has a Will then the executor will be required to probate the Will and will be required to send you what is referred to as a 128A notice with a copy of the Will. You also have an opportunity to request an accounting from your brother within 15 months. As for accounts with beneficiary designations once the accounts receive a death certificate they will either change the name on the accounts or distribute. If there is no Will there are separate rules and either way you will need to consult a probate attorney for assistance.
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