Legally does my sister need to let me know where this money went or is or what happened to it?

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brandywine1949 Asked March 2017

Legally does my sister need to let me know where this money went or is or what happened to it?

Here's the story. My sister is the executor of our Mom's estate. There is a lot of money involved. Sister won't give me an accounting of where the money is, where it went or anything. I got some inheritance but I feel there should be more that is not accounted for. I called the brokerage firm where the money was and was told to contact my sis. If I ask sis for an accounting she blows up and gets angry, very angry. About 15, 000 is not accounted for. And she gets horribly angry if I ask about it. I have an appt with the free lawyer in town but not until mid April. What should I do? I do mean Angry!

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score 0 · Answer 1

This is from ElderLawAnswers: "Keep accurate records. It is very important to keep accurate records of everything you do. You will need to create a final accounting, which the beneficiaries must review before the distribution of the estate can be finalized. The accounting should include any distributions and expenses as well as any income earned by the estate since the deceased died." So basically the Executor LEGALLY has to account for everything. Hope that helps!

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score 1 · Answer 2

An executor also get a fee here - it's a sliding amount based on the size of the estate - but basically 2-4%. However, this fee also has to be signed off of by the judge - the executor can't just pay it to themselves randomly.

It also occurs to me that all the beneficiaries get a copy of the final accounting of assets. Did that not happen in your case, brandywine?

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score 1 · Answer 3

Where I live the executor is allowed to charge/pay themselves a fee, something like up to 5% of the estate. Could it be that?

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score 1 · Answer 4

A total accounting of all assets along with statements showing a zero balance for every account probated is usually the final step in the probate process - before money is allowed distribution. So, I doubt that's where the problem lies - if one exists.

Who had access to your mothers money prior to her passing away?

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score 4 · Answer 5

Anger is your sister's default mode, isn't it, Brandywine? - from what I remember of earlier encounters.

It is extremely difficult when you're dealing with someone who can't give a civil answer to a reasonable question.

Have you tried asking her what her objection is to your asking?

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score 3 · Answer 6

If the will is still in probate, there not yet be an accounting filed but if the probate has been completed, the courts should have a copy of all of the accounting.

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score 0 · Answer 7

Do you do things behind your sisters back ? She maybe angry because you do things behind her back.

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Legally does my sister need to let me know where this money went or is or what happened to it?

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