Legal Question in Wills and Trusts in South Carolina
Inheriters rights
The executor of our mothers will is not communicating with the only other heir. The exector is also a heir. What should the heirs receive from the executor? Should the heirs receive a complete list of all assets of the estate? How will I know that I am receiving 50% as stated in the will if I don't know all the assets? The executor only gives general information, have not received any dollar amounts on moneymarkets, ira's, cds, insurance policies. What should I do to protect my part of the inheritance?
Thanks
1 Answer from Attorneys
Re: Inheriters rights
In South Carolina, an executor is now known as a personal representative. Under the Probate Code, the personal representative is required to make an inventory of the estate within 90 days after the personal representative has been appointed. Once the inventory has been completed you should request a copy of it to ensure that the assets have been correctly inventoried if you know what they are. Also, the Personal Representative may have been required to post a bond for your protection. If you find out that the personal representative has done something improper which has caused you damage, you would be entitled to file a suit against the personal representative.