If my brother is in charge of my mother’s estate, how do I find out if there was a Will and if there were insurance policies?

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If my brother is in charge of my mother’s estate, how do I find out if there was a Will and if there were insurance policies?

She passed 3 months ago. He does not want to share any information and has been in charge of the estate for 10 years.

Asked on April 7, 2013 under Estate Planning, Michigan

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  I think that your question sends up a red flag here and that you should speak with some one as soon as you can about the matter.  If there is a probate of the estate that is required under the law then it will be filed in Probate Court and it is a public record.  That means you can review the documents.  But you should receive notice that an estate proceeding will be filed which triggers your time to contest the matter.  Now, I think that you should be concerned that his actions over the last 10 years may not have been on the up and up since he is not forthcoming with the information.  If he was a POA over your Mother while she was alive seek help with challenging his actions and ask for an accounting.  He had a fiduciary responsibility.  Good luck.


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