How can I gain access to my deceased mothers pension and savings accounts

UPDATED: Jun 20, 2019

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How can I gain access to my deceased mothers pension and savings accounts

Sadly my mother passed away last year and I
believe she left some savings and also a
pension from Boeing. Because my father is not
doing so well anymore my brother sort of
assumed the role of handling finances however
I do not believe he is honest with me about
how much was left and how much there is and
where it is being spent how can I get a hold of
this information and what is rightfully mine

Asked on June 20, 2019 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

From what you write, we assume your brother is the executor or personal representative of the estate--i.e. person with legal authority over her assets. In that case, you'd have to file a lawsuit against him (in his role as executor or personal representative) and the estate, based on the assertion that you have reasonable grounds to believe that you should have, as her child, inherited from your mother but have received nothing and no information, so that you believe that he is not following the will (if there was one) or law (the rules for intestate succession, if there was no will). In the lawsuit, you will be able to compel him to provide information about assets, about what he has spent, etc. Unfortunately, if he does not voluntarily cooperate, a lawsuit is the only way to compel him to do sol.
Bear in mind that it is very likely that if you are talking about a traditional pension and not a 401(k), that no one is entitled to any of it: most pensions cease paying out when the recipient passes away.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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