Estate Law Questions? Ask an Estate Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. The only way to ensure a fair and transparent process is to go through the probate process, have court supervision, which would require an accounting and more transparency.
Just because he's named the "executor" in the will does not mean that he IS the executor.
An executor has to be named by a judge in a probate process.
The will only designates the testators wish of whom will serve in that capacity. That being said, the judge can name someone else as executor, or at least still require that the executor give you equal information, accountings, etc... of the assets of the estate, what was transferred prior to death, etc...
I see. In that regard, you can demand an accounting with him, letting him know that if he does not give you this information, you can formally "compel" it through the courts.
(this would be through a "motion to compel" which is what you would file to make the court tell him to give you this information)
Only if the information was not relevant at all or otherwise privileged would the court not grant that motion.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).