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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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My spouses mother passed in Feb 2013. His brother in WA State

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My spouse's mother passed in Feb 2013. His brother in WA State is an attorney, the executor, and a beneficiary in the will, stating simply all assets will be divided equally between the two of them and they should "share and share alike." We just found out his brother will not disclose Mom's checking accounts, savings, life insurance. He made himself beneficiary on all her accounts and stared he does not intend to disclose these to my husband. He also had POA the past few years, so we don't even know if he siphoned funds off the stocks (to be split) or moved them to an unidentified account. His brother hates my husband, bitter from a frivolous thing over 30 years ago. Why isn't this considered selfish, manipulative, and unethical? His wife is also an attorney and really the one calling the shots. Thank you.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

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.

ScottyMacEsq :

Just because he's named the "executor" in the will does not mean that he IS the executor.

ScottyMacEsq :

An executor has to be named by a judge in a probate process.

ScottyMacEsq :

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...

JACUSTOMER-5ejt9kpo- : He has already been named the executor .....the court approved it about 6-8 weeks ago.
ScottyMacEsq :

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.

ScottyMacEsq :

(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)

ScottyMacEsq :

Only if the information was not relevant at all or otherwise privileged would the court not grant that motion.

ScottyMacEsq :

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!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

JACUSTOMER-5ejt9kpo- : No.
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