Legal Question in Wills and Trusts in North Dakota
probate proceedings necessary?
Q: If person in charge is not willing to disclose dollar amount of financial assets to be distributed among siblings and not willing to discuss proceedings leading up to distribution, how do I know if probate proceedings are even necessary and if person in charge will be honest about how much money is involved?
SCENARIO: Only living parent, who lived in North Dakota, died last month. Eldest sibling is personal representative in charge of distributing assets.
So far, the existing 'will' has not been voluntarily offered for viewing, nor have financial assets to be distributed been disclosed. All other siblings are being left in the dark as well with only the remark that you'll get what's coming to you when I'm ready to take care of the matter.
We figure there should be no less than $250,00 and most likely no more than $500,000. However, all siblings are in separate states and have no way of knowing the truth about anything. Since we are not the 'personal representative', how do we obtain info that we believe we have a right to know about?
Thanks for any and all answers ahead of time!!!
2 Answers from Attorneys
Re: probate proceedings necessary?
Well, you may want to consider hiring an attorney to at the very least write a letter to the personal representative. That way you know you'll get some type of a response.
If I wrote the letter, I would feel comfortable asking for a copy of the Will, a list of general categories of assets (real estate, insurance, savings/checking accnts, stocks/bonds, retirement accnts, jewelry, etc.) and liabilities, as well as a general plan/ timetable for distribution. I've been called on to do this type of work many times in the past, and I perform the service at a reasonable fee.
Michael A. Berman, Esq.
Re: probate proceedings necessary?
Well, you may want to consider hiring an attorney to at the very least write a letter to the personal representative. That way you know you'll get some type of a response.
If I wrote the letter, I would feel comfortable asking for a copy of the Will, a list of general categories of assets (real estate, insurance, savings/checking accnts, stocks/bonds, retirement accnts, jewelry, etc.) and liabilities, as well as a general plan/ timetable for distribution. I've been called on to do this type of work many times in the past, and I perform the service at a reasonable fee.
Michael A. Berman, Esq.
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