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Hi, My question is this - This is my new question - My brother passed away RIP April 21st, 2009. I was a named benificary so was my husband and sons, well, three months went by I didn't hear anything from the executor (his daughter), so when I inquired I was told all his money was gone, he was quite well off in 2001 that.is when everyhing was turned over to her It appears all the monies was put in her name, long before his death. My brother had told me all about the contents of his will and made me promise that I would see to it that his wishes were granted. I want to keep that promise. I went to see the executor's lawyer, who showed a list of payments made to doctors etc, I asked to see the actual bills, she said the executor did not provide any, I requested her to get them, I haven't heard since and that was over a week ago. do I still have time to investigate what happened to his money, is there a time limit to do this. What are my resources. We are not wealthy people. Thank you
State/Country relating to Question: New Jersey Already Tried: Just Answer
Thanks for asking Just Answer:
You do have time to investigate. The executor has a duty to act in your best interest as your fiduciary. As a beneficiary of the estate the executor owes you this duty. If you feel this is compromised then you can file to have her removed. You should file with the probate court. The probate court can appoint a new executor that will investigate where his assets went over the last several years.
I will have to say that if assets were transferred into her name prior to his death then it will be pretty difficult to get back. You will have to prove that he was incompetent or unduly influcenced when the transfers where made and this is presuming that she still has the assets. If she has spent the assets then you could prove all of this and win a judgment against her but there is no money to collect. You will have then spent money trying to prove these actions and never be able to collect.
I know it is a lot to think about. I would suggest checking the probate file at the probate court where he died. The probate file is a public record and should be a good start for you to review.
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I have already checked with the court there has been no probate done, the lawyer (hers) told me she didn't think it necessary. There was an insurance policy that my brother made me the owner at his death, the paid out check came to my nieces home she turned it over to her lawyer, I seen it, but she needed proof that it was actually was mine, I provided that, I called the insurance company they will issue a new check, I hope so. I must tell you I hate all of this, and am heartbroken this has happened at all.
If she did not qualify then the second named executor can file to qualify. The executor would then have the legal ability to check all accounts that where previously in your brother's name. You, right now, do not have that legal ability. I would suggest this if you, or someone you trust, is the back up executor.
Attorney
13 years experience in Civil Law.