Executor to Wll

[raw2757]

My husdand's mother died a year ago this past July. We did not find out until after she was buried that he was executor to the will and she had left everythhing to him and his brother. There are a total of 5 siblings.

My husband did not have contact with his mother for a while and she had moved in with his brother and girlfriend.

All his mother's belongings are in the house that the brother owns. Her bank account (checking) was in both my husband and his brother's name (unknown to us). We found out the day after she died he withdrew all the money. We know she had a substantial amount of money, but we think it was in a savings account.

My husband has recieved nothing and he was wondering if the statue of limitations comes into play or could he have a case? We just recieved a letter from his brother's attonery asking for my husband to give him $2,000.00 if he would like her car. Please advise.

 

[lwpat]

You need to contact the bank and request the records. You also need to contact the probate court and get a copy of the will. There is a statute of limitations which is state specific. Usually you only have two years.

 

[Adverse]

I am not an attorney, but have been involved with both of my parent's estates, as co-executor on one, and also on the other, until we named an attorney to take it over.

I have also seen how others who were named Executor or Personal Representative did or did not do what was required of them.

The wording of your question suggests that your husband did not/has not done what is required of him as an Executor. For instance, did he open probate and has he done the things called for in your state statutes.

If he has, and he is the sole Executor, why is your brother demanding things of him. It is your husband who should be in control of all assets, likely including a look-back period, proabably of three years.

To see what I am talking about, if it sounds foreign, you should google Executor or Personal Representative, (Your State), Statutes.

I did that for an acquaintance recently, and gave her the list of duties of a Personal Representative. She ignored it, did not open probate, and then the deceased's daughter did using an old will. Now it is the legal quagmire you would expect when one does not follow the law.