How can you find out when a Will is to be filed and how the funds will be disbursed?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can you find out when a Will is to be filed and how the funds will be disbursed?

My wife’s mother died in February this year. My wife’s sister is executor of the estate. She has not filed the Will yet and we suspect she has co-mingled funds from her mother’s accounts with her own. She will not discuss the Will with my wife as there is a very poor relationship between the two. She has however told our daughter, who needs an attorney for a criminal charge, that she will pay for the attorney with our daughter’s inheritance, even though she has not even filed the Will. What do you suggest we do?

Asked on May 10, 2011 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your wife's loss and for the ensuing problems.  Unfortunately even the best of relationships between siblings sour when parents pass away and the estate has to be probated.  Since your sister-in-law has yet to offer the Will for probate she is not yet the Executor of the estate and she should not be having access to funds that were in your Mother in Law's name.  So how she would be doing that is unknown unless she were a joint account holder, and that is a whole different issue her.  I would strongly suggest that you seek help from an attorney in your area on the matter if, for nothing else, than to send a letter on your behalf requesting that she probate the Will.  I would also suggest to your wife that she contest her appointment alone and request that the court allow them both to be appointed as co-executors.  You will need a good reason on your side.  I think that you have one here.  Ad remember that the attorney will cost you out of pocket.  Your sister in law's attorney to defend will be paid for withestate funds so better to settle the nmatter quickly.  Good luck to you. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption