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How Can I See the Bank Statements of My Deceased Mother?

How Can I See the Bank Statements of My Deceased Mother?

Q: Can an executor decide who gets what if there is no will?

If there is no will, the executor does not have the authority to decide who gets what. Instead, state intestacy laws dictate how the deceased's assets are distributed among surviving relatives. The executor's role is to administer the estate according to these laws, ensuring that the distribution is fair and legal.

Full question:

My mother passed away September 2010. The eldest daughter of 6 is the executrix. The 5th daughter is the second executrix. The will is not in probate but we have seen the will (splits the estate 6 ways which I've been verbally told was valued at $260,000). I asked for a spreadsheet and documents of the assets and expenses. I received the expense sheet but she refuses to give us the bank statement at the time of death (this would be the only asset my mother had). What recourse do we have? The estate has not been closed or distributed.

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: California

Answer:

A release and waiver of accounting is commonly used by an attorney when distributing assets of an estate. In some cases of mistrust, a party petitions the court for an accounting to be filed. Fiduciaries, such as executors, owe two main duties to their clients: a duty of loyalty and a duty of care. The duty of loyalty requires that fiduciaries act solely in the interest of their clients, rather than in their own interest. Thus fiduciaries must not derive any direct or indirect profit from their position, and must avoid potential conflicts of interest. The duty of care requires that fiduciaries perform their functions with a high level of competence and thoroughness, in accordance with industry standards.

Please see the following CA statute:

10950. (a) On its own motion or on petition of an interested
person, the court may order an account at any time.
(b) The court shall order an account on petition of an interested
person made more than one year after the last account was filed or,
if no previous account has been filed, made more than one year after
issuance of letters to the personal representative.
(c) The court order shall specify the time within which the
personal representative must file an account.

FAQs

How long do you have to file probate after death without will?

In general, there is no strict deadline to file for probate if there is no will. However, it is advisable to file within a reasonable time frame, typically within 30 days to a few months after the death, to avoid complications. If the estate is not probated, heirs may face difficulties in claiming assets. It's important to consult with a probate attorney to understand the specific timelines and requirements in your state.

How to transfer property after death of parent with will?

To transfer property after a parent's death with a will, the executor named in the will must file the will for probate in court. Once the court validates the will, the executor can distribute the property according to the terms outlined in the will. This process may involve preparing a deed to transfer the property title to the beneficiaries. Consulting with a probate attorney can help ensure compliance with state laws.

Who is first in line for inheritance?

In general, if there is a will, the beneficiaries named in the will inherit according to the specified terms. If there is no will, state intestacy laws determine the order of inheritance. Typically, the deceased's spouse and children are first in line, followed by parents, siblings, and other relatives. The specific order can vary by state, so it's important to check local laws.

When someone dies does it automatically go to probate?

Not necessarily. Probate is only required if the deceased owned assets solely in their name that need to be legally transferred to heirs. If all assets are jointly owned or beneficiaries are designated (like in life insurance), probate may not be necessary. However, it is often advisable to consult with a probate attorney to determine the best course of action.

How long do you have to file probate after someone dies?

While there is no strict deadline, it is generally recommended to file for probate within 30 days to a few months after the death. Delaying the process can lead to complications, especially if there are assets that need to be managed or debts to be settled. Each state may have its own specific guidelines, so consulting with a probate attorney is advisable.