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Should heirs named in a will get inventories of estate, Wv,

Should heirs named in...

Should heirs named in a will get inventories of estate

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Wv

Lawyer's Assistant: What documents or supporting evidence do you have?

Of what

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My dad passed a few years back and my sister was delegated to distribute will, I have heard nothing from her

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Answered in 5 minutes by:
8/10/2017
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,872
Experience: 29 years of experience practicing law, including tax and estate planning.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Absolutey you have the right to an inventory! Your dad's estate and its assets are not your sister's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is 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 the executor 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 him 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 the executor. In your situation, I would put her on written notice by certified letter of the foregoing and let her know if she does not satisfy herfiduciary duty to all beneficiaries in the administration of the estate, including providing you an inventory, an accounting of every dime in and out of the estate, and distribute the assets to which you are entitled, 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 and to award actual and punitive damages for any misappropriation of assets.

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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,872
Experience: 29 years of experience practicing law, including tax and estate planning.
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Thank you so much for the 4-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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