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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55605
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother was in the military and passed away and left me

Customer Question

my mother was in the military and passed away and left me her estate and my aunt who is the trusty on the account refuses to let me use the money or even tell me home much is in it i am also enlisted currently and have little or no money and idk what to do
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? In what state are you located? And, do you know whether your mother left the estate in a trust for you? Or, was it left to you directly with your aunt being the executor of the estate? Thanks.

Customer: replied 1 year ago.
it was all left to me as far as i know my mother lived in wisconsin and i was in montana at the time and am currently in north caroline at camp johnson my aunt is the trusty on the account
Expert:  Richard replied 1 year ago.

Thank you! You absolutely have rights here. Your aunt is abusing her role as executor! The estate and its assets are not your aunt's personal piggy bank simply because she's the executor. As executor, she has a fiduciary duty to you as the beneficiary. As beneficiary, you are entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If your aunt fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against your aunt. In your situation, I would put your aunt on written notice by certified letter of the foregoing and let her know if she does not satisfy his fiduciary duty to you as the beneficiary in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have her removed and be asking the court to order an audit of the estate.

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