What can be done if the estate executor is secretive about the will?

Full question:

My father in law passed away August 2006. He is survived by 4 children, one of whom is my wife. The youngest sibling is the executor of the estate and currently dwells in the father's house. He is being very secretive of particulars such as how much money is in place and what plans, if any he has for dispensing of the property. He seems to indicate that he has no plans of moving out and /or arranging compensation for his siblings. My question is what can be done to get this resolved. He has not even given anyone a copy of the will. He is merely the executor, not the sole heir. Thanks much for your help.

Answer:

To resolve this situation, it's important to understand the probate process. If the will has been filed for probate, the executor must notify the heirs and beneficiaries within sixty days of being appointed. This notification should include details about the will, the probate date, and the executor's contact information.

If the executor is not communicating or providing information about the estate, the other heirs may need to take action. They can request a copy of the will and any estate documents. If the executor continues to be secretive, the heirs may consider filing a petition with the probate court to compel the executor to provide information and fulfill their duties. This can include distributing assets and addressing any concerns about the property.

Consulting with an attorney who specializes in probate law can provide guidance tailored to your specific situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In most cases, if a will specifies how assets are to be divided, those terms must be followed. If there is no will, state laws determine how the estate is divided among heirs. Generally, siblings share equally unless otherwise stated. If one sibling is the executor, they must still adhere to the terms of the will and cannot unilaterally decide to keep more than their share. It's advisable to consult with a probate attorney for specific guidance based on your situation.