Legal Question in Wills and Trusts in Missouri
No information from personal representative
My parent passed in 2005 and later my grandparent passed in Jan 2007. The way my grandparents will is written, my siblings and I will receive my parent's portion (1/3) of the estate and my 2 aunts the remaining. As of today, my siblings and I have not received any information as to the estate. We have received a small portion of what we believe the estate is worth (value determine by parents notes). We know there is a substantial amount of stock and CD's. We had asked for a copy of the will several times from the personal representative (1 of the aunts) and she said they didn't have one - I called the courts and received one (and emailed them their own copy). We have also asked for a list of assets belonging to my grandparent at the time of passing and currently but have yet to receive anything. When we try calling, we seldom get an answer or return call. Due to a number of inconsistancies and lack of return phone calls, most would believe there is something fishy going on.
Questions
- can we force an accounting of the estate?
-does the lawyer handling the estate have to talk to me?
-how can we determine what my grandparent had - other than the word of the per. rep?
Any suggestions are appreciated!
Thanks
2 Answers from Attorneys
Re: No information from personal representative
Your post does not tell us whether you are located in Missouri, or whether the decedent's estate is in Missouri. If this Probate Estate is being handled in Missouri, then I would advise you to hire a Missouri attorney. You can obtain a copy of the inventory filed with the Court from the Court in th same way that you obtained a copy of the will, but if there are assets not listed on the inventory, then you will need to file legal pleadings and force the pesonal representative or the personal representative's attorney to disclose everything. Many attorneys representing a personal representative decline to talk with potiential beneficiaries, or heirs, because that attorney does not represent you and may be getting into a conflict of interest or the appearance of one by talking to you. You do have legal rights which should be protected. Hire an attorney!
Re: No information from personal representative
Make a formal, written request for all filings in the administration of the estate, sending a copy to the Commissioner of Accounts in the county in which the will is being probated.
Get from the Court a copy of the preliminary inventory upon which the amount of the probate tax was determined.
Write a letter to the lawyer handling the estate and request what you want.
The first accounting for the estate will be due 16 months after qualification of the executor; if you have requested copies, you will be sent a copy.
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