The executor is dishonest and will we be given a list of assets before the estate is distributed, and can we contest then?

My wealthy Uncle passed away recently. [About 5 yrs ago my father (who recently passed away) and the younger brtr shared rspnsbilities for uncls estate. 5 years ago the younger Uncle told us the wealthy uncle had alzheimers. All of us kids were left as beneficiaries of the will 3 years ago. When we rcvd copy of the last will after his death we were left out, and my mother and the younger uncle were the only beneficiaries. Anyway, we think that things may have been stolen. eg. Deceased uncles home, etc, was sold and we have no idea where the money is or how much estate is worth. Will the remaining uncle, who is now executor have to give my mother a list of assets if we should decide to press charges once we know more. The sad thing is this uncle took advantage of my grandmtr also.

Seattle, WA -

Attorney Answers (2)

Richard Wills

Richard Wills

Probate Attorney - Woodinville, WA
Answered

Dear Seattle,

RCW 11.24.010 gives you the right to contest a Will within four months of its admission to probate. Here, think "lack of testamentary capacity" and "undue influence" as reasons for invalidating the Will.

RCW 11.44.015 gives your mother the right to request a copy of the Inventory for the estate after three months after the appointment of its Personal Representative & to receive a copy of it within ten days thereafter.

Lastly, you can't "press charges" as that implies criminal action, which can only be filed by the Prosecutor's office. Here, the matter is a probate estate --- a civil matter --- so you or your mother would need to complain to the Court in probate about any wrongdoing involving your uncle.

Please ask if questions remain or if I could assist you or your mother further, as all I do is probate & around 75% of which involves probate messes, problems, & disputes (including lots of Will contests & PR removals),

Sincerely,

Richard Wills, WSBA 19720
www.washington-probate.com

Steven M Basche

Steven M Basche

Probate Attorney - Glastonbury, CT
Answered

You should contact a lawyer who handles will contests. It may well be that there is a claim here to set aside the will on the grounds of undue influence or lack of capacity.

Here is a link that will give you some additional information:

http://www.nolo.com/legal-encyclopedia/article-...


Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. This answer does not constitute an attorney-client relationship.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.