How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53706
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My mother passed away almost 2 years ago and her will appointed

This answer was rated:

My mother passed away almost 2 years ago and her will appointed my brother as her executer. So far, I have not received a copy of her will (as promised), her house sold about a month ago and I havent received what I thought was supposed to be my share of the profits after expenses, and so on. What does the law say about will execution and so on. Thank you!
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. The estate and its assets are not your brother's personal piggy bank. Your brother, as executor, has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file for a full accounting and to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 3 years ago.

is a time limit in effect for executing aspects of the will? I would also like to get a copy of the will for my own records and so far, nothing has been given to me. Can I ask a court for remedy of that issue?

Thanks so much for following up. There are general guidelines....a petition should be filed with the probate court to have the will to the probate court within 10 days of the death of the decedent. Once admitted, the will is public record and you can access a copy in the probate court records. If not filed with the probate court and/or your brother will not give you a copy, you can file a petition with the court asking the court to order your brother to produce the will and file it with the court. If he has failed to do so, you can ask the court to have him removed as executor for failing his fiduciary duty.
Richard and other Estate Law Specialists are ready to help you
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Thank you also for the generous bonus! I appreciate your generosity!

Related Estate Law Questions