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My brother is the executor. He is mad that I am beneficiary of the accounts and won't tell me anything. What do I do?

Irving, TX |

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

Attorney Answers 3


  1. Best answer

    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.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. 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.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. 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 or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. 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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