Legal Question in Wills and Trusts in Wisconsin
My father passed away at the end of June 2013. All of his stuff just went into probate at the beginning of feburary2014. He did have a separate bank account set up that has his five kids on it that did not go into probate. My brother was named executor of the will. Me and the other 3 kids did sign a piece of paper that said he could pay all bills and everything with him signing on our behalf. My question is do i legally have the right to have access to the information in this account because it is to be split 5 ways equally amongst us?
1 Answer from Attorneys
If you hire a probate attorney to file an appearance in the case, he will get copies of all documents and orders of the court, including any filings by the personal representative if you wish. My guess, however, is that the document which you signed was a waiver and consent to informal proceedings, which will reduce the reporting requirements of the personal representative. A bank account payable upon death to the children will usually not be effected at all by the probate process at all, and may instead have already been closed and distributed by the bank to the payees. If you are one of them, my guess is that the bank will share this information with you or your representative. However, if you signed something making your brother your exclusive representative on that account, you may have given up those rights as well.
Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon,