Have you been deemed "Executor" and/or Beneficiary of a will and/or trust (for a parent)?

[Anonymous]

If so, how did you disperse assets or belongings amongst siblings? Was it fair? If not, what did you do about it?

[Anonymous]

Yes. Split everything evenly with a sibling. There was only one physical object in the house I wanted (an old radio), took that and told sibling she could have anything else from the home that she wanted. It probably helped that there wasn't much of value in physical objects - there was a good amount of investments which was easy to split.

[Anonymous]

We split money down the middle. For things inthe house, DH's siblings took it in turns. For my sister and I, we went around and if one of us really wanted something we generally got it. I don't remember any fights.

[Anonymous]

Yes.

You have to do it according to the terms of the will.

[Anonymous]

What if there is a trust (no probate)? What if the executor is not honest or is greedy? Is the only recourse to sue the executor?

ie: the executor says "dad wanted you to have this (worthless crap that you know dad intentionally did NOT specify)" - because executor is trying to "fulfill" (not really) his duties. If you accept the crap, then find out it is even worse than it is (ex: ripped up or damaged crap), can you return it - so that the executor's duties are NOT fulfilled?

Executor also spent money on strangers, saying "dad wanted this or that" - which again, is clearly not true. Can the executor be deemed not of sound mind (which is likely the case - trying to heal their own wounds which have nothing to do with the estate).

Brother will likely say "there was no money" (there most definitely was) or belongings (again, there most definitely was). Executor kept what he and wife wanted, in spite of what father stated.

Is my only recourse to sue the sibling? I would rather not, for obvious reason.

[Anonymous]

Op again. do I have access to the will if there was a trust? How?

[Anonymous]

I was. With 3 siblings. All funds were distributed equally (after figuring out what was “loaned” to each person while my parents were alive).
The things in the house were distributed as desired by all of us. The will stated who should get what, but some of us did not want what was listed, so we just expressed our interest in different things, and basically took what we wanted. There were no big disagreements. But, we all get along well.

[Anonymous]

Anonymous wrote:Op again. do I have access to the will if there was a trust? How?

My parents had an estate attorney draw up a trust (with a will). It was all in a binder.
The executor should have this information.
I would think the attorney who drew up the trust would also have a copy.

[Anonymous]

Unless the executor also is the trustee, you have different issues here.

[Anonymous]

Anonymous wrote:Op again. do I have access to the will if there was a trust? How?

You can try at the probate court where they filed probate. There are still forms to fill out even if there's a trust.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Op again. do I have access to the will if there was a trust? How?

My parents had an estate attorney draw up a trust (with a will). It was all in a binder.
The executor should have this information.
I would think the attorney who drew up the trust would also have a copy.

Thank you.

The executor is shady (will not share information and denies monies and assets).

The attorney retired and told me to contact an attorney where my dad and brother last resided (places of dad's death). Does this sound right to you?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Op again. do I have access to the will if there was a trust? How?

My parents had an estate attorney draw up a trust (with a will). It was all in a binder.
The executor should have this information.
I would think the attorney who drew up the trust would also have a copy.

Thank you.

The executor is shady (will not share information and denies monies and assets).

The attorney retired and told me to contact an attorney where my dad and brother last resided (places of dad's death). Does this sound right to you?

I think I would do this if you believe the executor is not being honest.
I am not an attorney, so I don’t know what action would be taken. But, if you are an heir, you should have access to the will/trust/financial records/etc. Perhaps an attorney can help you get this access.
Good luck. I know it is a tough time for you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Op again. do I have access to the will if there was a trust? How?

My parents had an estate attorney draw up a trust (with a will). It was all in a binder.
The executor should have this information.
I would think the attorney who drew up the trust would also have a copy.

Thank you.

The executor is shady (will not share information and denies monies and assets).

The attorney retired and told me to contact an attorney where my dad and brother last resided (places of dad's death). Does this sound right to you?

I think I would do this if you believe the executor is not being honest.
I am not an attorney, so I don’t know what action would be taken. But, if you are an heir, you should have access to the will/trust/financial records/etc. Perhaps an attorney can help you get this access.
Good luck. I know it is a tough time for you.

Stupid question: who is considered an heir?

Am I automatically considered an heir if I am their child?

[Anonymous]

If executor is shady then petition the court to have them removed and appoint yourself or someone else. Note that if the court appoints an independant party the estate will have to pay them.

[Anonymous]

Beneficiaries (under a will or a trust) have the right to an accounting. How to enforce this right will vary from state to state, but if it is a will, probate court would be the most likely court to be able to issue the order.

Yes, you should seek counsel in the jurisdiction where the person died. They will be able to help. If it is a relatively small amount, you should be able to do it yourself. Since the right to an accounting is just that, a right, there is no real reason to have a lawyer do much other than get you started.

To be sure, if you don't think the accounting is proper when the results are in, you would be well-advised to get a lawyer to challenge it.