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Review a will after my dad's death

Manchester, MO |

my dad died 3 years ago and since then my mother's health has declined to the point of requiring care 24/7, I believe my older sister who is executor of the will has misused funds and i would like to know if I have the right to see the will and finances

Attorney Answers 2

Posted

Your facts are confusing and unclear. Hopefully, you sister has filed the will with the probate court and administered the estate accordingly. If she has then the assets of dad should have been distributed as provided in the will. The will is a matter of public record in the county where dad died, so you can get a copy there. Get that along with any other documents filed with the court. Then get to an estates attorney to see where you stand in all this and if you need to demand an accounting from the executrix.

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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

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.

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2 comments

Asker

Posted

Thanks for your input Steven. I probably was being too simplistic. My mother is still living and now I am being asked to care for her in her diminished state without compensation and/or help while my sister is being compensated. I have another sister and a niece who are also being paid to care for my mother but I am never compensated. Is the will a matter of public record even while my mother is living?

Steven J. Fromm

Steven J. Fromm

Posted

No only when probabed does the will become a matter of public record in most states.

Posted

I'm going to assume that everything was titled in tenancy by the entirety. Which means everything is in mom's name now. If this is the case, your sister must be using a power of attorney to handle their estate. Retain a good St. Louis atty to check into the handling of her assets, etc.

Legal disclaimer: Donald J. Quinn II is a Missouri attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information

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