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I don't know if this is the right place to ask this question but I"m gonna post it anyway...


My mother's brother just passed away a few months ago. He died with quite a lot of money. His executor was his son and the family received something, EXCEPT my mother - which I'm sure he did. That family is so damn greedy it wouldn't surprise me if they kept what he wanted to give mom, especially if it was money.


Question is - can an executor defy his wishes and refuse to give mom her due or even not letting her know she was listed in his will? What avenues can we take to see what was in the will? I mean he could have left mom a substantial gift and if she was gifted something how do we find out?

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Eight months, one would think, is sufficient for notifications. In reality if he had a sizeable estate, it will take some time. What are state laws?
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I suppose I'm going to have to continue to explain the situation more...i have a problem getting all the facts and information out in the first message and then I'm asked the questions I should have said something about beforehand, so please forgive me .....here goes....

My mother and her brother were very close. My uncle was NOT close to his children, grandchildren or great grandchildren. You have never seen anyone so greedy as these relatives. Not even a week after my uncle passed his step daughter moved into his home, his granddaughter took his car, etc...

My uncle would certainly have left my mother something, before he passed there were many talks on things he wanted her to have. It's been 8 months since his passing and nothing has been heard at all regarding anything for mom. I guess I could be completely wrong - which happens quite a lot in my life.

I don't know I was just trying to get y'all's opinions on this. Thanks everyone!
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I just realized this is a brother. What makes you think he would leave his siblings anything when he has a son. This would be unusual. My MILs brother left all his siblings something but he had been a lifelong bachelor.

If you find that siblings were left something and Mom wasn't, just let it go. It will be hard, but none of your relatives are responsible for what ur Uncle has done with his estate. Its his estate to do with what he wants.
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If it was in his will, then she will be contacted. If this is just what you thought should happen, then your Mom will probably see nothing. Past history between family members usually stays the same...feelings about who should do the right thing can go back a long way. Especially when it comes to money.
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As far as I can tell, an executor has up to five years to deal with probate in Alabama. It's possible your cousin has barely begun. You can found out if the will has been through probate by going to the Probate Court for the county where your uncle lived and asking if it has been filed.

No an executor cannot alter a will and is required by law to carry out the instructions stated in the will (as far as they are possible, that is, obviously. I can instruct my executor to pay my kids a zillion pounds each but sadly the money will be lacking, just for example).

So no matter what your cousin's feelings towards your mother, if your mother was a beneficiary of your uncle's will then as executor he would have had to notify her of and ensure she got her legacy.

But what makes you so sure that your uncle would have left something to your mother? When you say "the family received something" - what relation to your uncle were those other family members?
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Probate is public, you have the right to see these documents as does your mother.  Possibly your mother was not left anything.  My parents did not leave their siblings anything, only their children and church.  I will not be leaving my siblings anything either...again, my children and grandchildren.   I would locate your local probate court and ask to see all documents related to your uncle's passing before starting a storm you might regret.   Your cousin very well could have done everything legally and by his father's wishes.
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No, and in fact the executor owes, by laws of your state, a letter to each and every beneficiary. If this is a will it will be filed for probate and is a public document. This means you will have access to see it. If it is a trust that the executor is dealing with then he still will owe beneficiaries notification, but he will not have to file anything with a court.
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If the Will was probated, it will be now be filed and be public record. The rules of probate is the Executor mails a letter to each beneficiary to tell them probate has been started. Probate itself does not happen overnight. It can take over a year or more to complete. If this is a large estate, debts have to be paid. Investments found and liquidated, home sold, Insurance policies handed over to beneficiaries. Then the accounting has to be presented to the Court and Ok'd before monies are distributed. I think, this can't be done until a certain amount of time after death. Must give creditors time to make claims on the estate. So, u may be a little premature in expecting any inheritance yet. But she should have received a letter saying Probate was started. This is a requirement and I paid a fee to have the info filed.

Probate has to be done in the County of the death so that is where you start. Call or go to that Counties County Seat and ask if the Will is on file. It is now public so you can find out who was beneficiary. Also ask if its been closed. The Executor's job is to carry out the wishes of the person who wrote the will.
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Once a will is in probate I believe it is a public document. There is a legal obligation to inform the heirs.

The same is not true of a trust, in terms of it being public. Hope someone else will have a more complete answer for you.
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