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Estate executor abuse/ benficiary protection Alaska West Virginia

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  • Estate executor abuse/ benficiary protection Alaska West Virginia

    Hi, I am the oldest of three. My father died ten years ago leaving behind two sisters. My grandfather there fore made us three beneficiaries to a third of his estate. My fathers two sisters however resent me greatly and many rumors of me using drugs have been spread through out the family in contrast to the truth that yes I was using years ago but have not been for months, and nothing more in the last two years have dabbled a few times. My concern is that the sisters may be executors to the estate. They have recently threatened that they were going to "screw me" on my portion of the inheritance. My grandfather has cancer bless his heart, and according to them will pass soon. Can they withhold my inheritance? If they are executors?
    Please help. I need advice.

  • #2
    Probate laws vary from State to State, but in general an Executor is not supposed to screw the beneficiaries of a Will, although they are often put in a position where they are given control over assets and may attempt to do that (even if it would be fraudulent).

    Usually, Probate will be handled in the State where the deceased person was domiciled (his residence, usually) at the date of death, and additionally other procedures are sometimes used in States where the deceased person owned real property.

    Long story short, you probably need to speak with an attorney in the State where your grandfather died and/or where he owned real estate. I'm not sure if we have any Alaskan or West Virginian Probate Attorneys on this forum, can see if one pipes up.
    Website: www.jeterprobatelaw.com

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    • #3
      binding duties

      well, I guess there is has to be some sort of general processes, protocol, or binding duties on the executor to protect the beneficiary. Even from state to state, all have to generally have require divulgance of some sort to arbitrary third parties who have not interest. ? Does anyone have any ideas to these laws?

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      • #4
        The usual way that most States operate with regards to Probate is they have a probate process which ties up assets for 7 months or more, where a person (Executor, if a Will) petitions the Court to get authority to access the assets, then must manage the assets, maybe selling real property in the meantime, then petitions the court with a proposed distribution. Ordinarily, you would receive notice of the major actions taken by the Executor (i.e. of any hearings, the hearing for appointment, the final report and account which proposes distribution, etc.) The Court reviews the actions, makes sure they are appropriate, and approves a proposed distribution, so there is some beneficiary protection in these sorts of Court proceedings.

        Also, the States that have this process also usually have a much shorter, summary Court proceeding to handle smaller estates that do not warrant having assets tied up (California allows this if it is under $100,000).

        Note that in California, and very likely all/most other States, probate proceedings are not used to handle property in Trust, in joint tenancy, or those with beneficiary designations (i.e. life insurance).
        Website: www.jeterprobatelaw.com

        Comment

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