Who is responsible for making sure the will is carried out
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible for making sure the will is carried out
My husband just found out he
and his sister were in his
father’s will that went
through probate 11/2013.
They supposedly were
supposed to split 50/50 two
insurance policies totaling
300K, 5 lots on Lake
Buchanan, 1 lot close to San
Marcos and a house
property in Austin valued at
240K. He just received a
copy of the will and he was
shocked to learn of the
provision for he and his
sister. This is 4 years
later and nobody has said
anything about this.
Asked on April 10, 2018 under Estate Planning, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your situation. I am assuming that the Will was probated (filed in the Probate Court)? Then the matter is a public record and the insurance policies are likely listed in the accounting done. Do you know what the status is? Who is the Executor? That person had the obligation to send a copy of the Will and notifications when it was being probated. I would start by getting a copy of the Probate Court file. There are many services that can do same for you. It sounds like the polices were left to the the estate and went in to the big pot where they were supposed to be given to you. The insurance company would not have paid them out inopposite to the beneficiary designation. They would have been liable otherwise. Start with the file then go from there. Good luck.
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.