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Good morning...Last night at approx. 11 30 I was online with

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Good morning...Last night at approx...
Good morning...Last night at approx. 11:30 I was online with an expert about "my mothers estate and my brother telling the other 3 siblings that she left $30,000 in her savings account to an UNKNOWN benificary, and we could not receive the savings.".My brother is the Executor and she left a Will for the contents of the household furnishings,and CD"S/stock, savings . Is there any way that I can connect the dots with the Q&A of July 31st to additional questions that I have this morning...August 1st?
Submitted: 8 years ago.Category: Legal
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8/1/2009
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,493
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
There cannot be an UNKNOWN beneficiary, and the heirs need to go to the probate court and demand the account be placed into the estate and at that time the court will force him to produce the proof of the beneficiary and if no beneficiary is named then the account comes back into the estate. Sounds like your brother executor may not be being completely honest here and may be in breach of fiduciary duty in failing to make disclosure to the heirs.


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Customer reply replied 8 years ago

Leaving the Country Aug 2-Aug 9 and what should I do before or during the time I am in Mexico...We CAN call stateside from there if necessary to call an Attorney in West Point, Virginia (my home town) I want to stop him from taking ANY action on the Estate until I return and go to Virginia from Georgia

Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You can get any of the heirs to go to court to challenge the estate in probate court. Get one of your other siblings to get the attorney while you are on vacation to file to object to the estate and demand an accounting and if they demand the bank account be placed into the estate the court would issue an injunction preventing him from doing anything with that account until the matter is settled.
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Customer reply replied 8 years ago
Thank you...Also, Does the heir going to Probate Court need to contact an Attorney or is it a simple process that would just require some help from the Clerk?
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
It is not simple, it will need an attorney. If the will has not been submitted to probate yet, the heir's attorney will have to file a petion to open probate serve the executor and file the motions for the accounting and for that bank account.
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Customer reply replied 8 years ago
Are you a Virginia Attorney? Can you refer an Attorney, or should I just find an Attorney in West Point other than the Attorney who represented my Moms Estate
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
We cannot represent anyone through this service and cannot make any personal recommendations, the best we can do is suggest the same site used by other attorneys, http://www.martindale.com
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Customer reply replied 8 years ago
Thanks, XXXXX XXXXX call an Attorney in West Point from Mexico on Monday...One of the brothers said he would not get the Attorney.."Just leave it to my brother" (the Executor) He is finished...fed up!!!!!! Should I call the bank on Monday and request to know the Beneficary? Thanks
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
The bank will not communicate to you only the executor of the estate (unless of course you know someone who works at the bank who can look at it and tell you on the side).
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,493
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 8 years ago
Thank you Paul.......will keep in touch probably....
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Thank you.
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Law Educator, Esq.
Law Educator, Esq.
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