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 ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Estate Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

My mom is 100 years on June 9 th, my brother is executor of

Customer Question

My mom is 100 years on June 9 th, my brother is executor of her estate, I have no assets , but my broth will not disclose her assets to me. What are my rights to know about her finances? She lives alone.
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
Technically at this point in time neither of you have a "right" to know anything about her assets. An executor is an individual named in a will to "execute" the provisions of the will. The will does not become effective until the testator (the person making the will, i.e. your mother) dies. At that point the will is "set" and the executor can then file the will for probate. The executor has an obligation to provide an "accounting" to the probate court, which represents the deceased individual's assets at the time of death (which become the "estate" that is distributed to the beneficiaries of the estate).
Now if he doesn't file for probate, you can still do so. Once you file, he can either step up and choose to be named executor, or waive his rights to do so and you can be appointed executor by the courts. Either way, once probate is filed an accounting will need to be done, at which point you can learn about the assets that your mother had at the time of her death. Until then, however, neither you nor your brother (at least in his role as "executor") have any right to know this information, as she is not yet deceased.
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, ***** ***** luck to you!