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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 44547
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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AS the executor of the will doesn't she have an obligation

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AS the executor of the will doesn't she have an obligation to tell the truth? If she gave the car to my husband from the estate without getting any monetary payment for it, isn't that fraud (i read something like that in the SC Probate laws)? She told us specifically that my husband and his siblings were beneficiaries, that is why we didn't contest. We only found out now that she lied. I am checking to see the exact filing date of the probate case. Is there anything else I should ask the court? If we cannot contest the will now, can we file a civil claim after the estate has been settled? Thank you in advance for your assistance.

Hello again,

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AS the executor of the will doesn't she have an obligation to tell the truth?

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She wouldn't have any legal duty to anyone other than the beneficiaries named in the will. Then she has a legal and fiduciary duty to inform them about the will and follow the law regarding asset distribution.. But if the will she was filing only leaves here and her son everything, she doesn't have to notify anyone else.

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If she said that you husband and siblings were beneficiaries, then the next logical step would have been for them to request a copy of the will to see what they were to receive..

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If she lied and told them that they were beneficiaries just to keep them from inquiring, then quietly filed the second will, there would be good grounds to sue her for fraud and see if the judge would allow the fraud and misrepresentation case to proceed since she intentionally concealed the true will that was filed..

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Granted, the judge will ask "Why didn't any of you ask for a copy of the will that was filed or get one from the probate court?... so they should have an answer ready for that because there was some duty on them to actually inquire further into the matter.

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Why did she give the car to husband?... I have no idea why she would do that if she had a will in her hand that says she gets everything... The only reason I can think of is she was trying to throw up a smoke screen to keep them from inquiring further...

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But if someone told me "Hey, you and A, B and C are all beneficiaries" the very next thing I would ask is what I was to receive, and can I get a copy of the will so I can see it...

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thanks

Barrister

Barrister and other Estate Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you very much. I appreciate the help! The only thing I can say is that we were ignorant of the law and trusted the wrong person. I am checking on the dates now he died April 4th last year but I do not know when the probate started. I am looking into it. I appreciate your direction. Have a nice day.