How do I get the Executor of a will to release attorney information?

In NJ an estate is probate over 20k. If a will and an executor named they need to go to probate and get a short certificate for proof they r executor. If no will then a person can be asked to be an Administrator. An affidavit is given, with no will, if estate is under 20k. Unless estate is very large there is no need for a lawyer. Executor needs to make sure all debts are paid. Beneficiaries are notified that the will is probated. When all is said and done you should receive a breakdown. The executor is entitled to 6% off the top after debts paid. If there is a Lawyer, would be nice if she shared the name but doesn't have to.

My understanding is that probate laws vary from state to state. In my state there is a threshold for the value of the estate that determines whether probate is required. Either way, I think a final accounting and copy of the will to the heirs is in order, tho I'm not an attorney. I do believe, too, that there is a window of time, and it may be short, to protest the will. Depending on the value of the estate and what you think your stake in it might be, you may want to consult an attorney. They can send a letter to your sibling asking for a copy of the will, and sometimes that will be enough to open up communications. It shouldn't cost too much to get that far. (Again, I'm not an attorney.)

My DH and I just recently began the process of drawing up a trust. Our daughters are executor and co-executor.

Under a certain amt of assessts being "in the trust" we will not have to go into probate. The executors will handle everything. Our attorney will be there (actually, he won't probably live as long as I do)--for questions, and we have designated that all the kids know all the goings on as to the distribution of our effects. "Complete transparency".

If your father didn't tell you who his attorney is, that's hard. Your brother won't tell you? We have attorney client privilege and our attorney CANNOT legally tell anyone we don't designate ANYTHING. I don't know how you get around that.

Maybe try talking to brother, or this that kind of pointless?

You're probably going to have to get your own attorney to sort this out. Basically, force your brother to do the "right" thing. Sad when families come to this, but it happens all the time.

You would need to contact an attorney in the state this is being handled in to know your legal rights. There is no other route. Taking the experiences that others have had and asserting this is my legal right can do 2 things, 1) land you in an avoidable legal issue and 2) make you look incredibly stupid. Every state and some counties have their own laws, please avoid creating avoidable issues by seeking true legal advise from an Attorney.

Good luck getting this all sorted out.

Cautiously, I would say that as you are a beneficiary you will be entitled to receive a copy of the will. When, is a different question. How you ensure that you do, is a different question. Look it up on your state government's own website, I should, and see what you can find out about the exact process there.

Even more cautiously... the simplest thing to do, of course, would be to call your executor sibling and ask :/ Any particular reason why you can't do that? And, again, how do you know that false information has been provided, and to whom has it been provided?

@rainmom
Do you know if all estates go thru probate...like is this automatic or might vary per state or circumstance?  I would have thought I would have received something by now in the mail but have not and the estate is not listed in probate just yet...I've searched the county records.

@countrymouse
I am a beneficiary. My question is what are my legal rights to the attorney name and copy of the will and how to get my sibling to release the information. I understand as my sibling is the executor they have control. My sibling has given false information. My understanding is....unless an estate does not go to probate...I have no way of knowing who the attorney is.

Are you a beneficiary of the will?

If so, once the executor files the will with the probate court you should receive a letter confirming your beneficiary status. The attorney information should be included.

In addition, along the way as things progress you should receive additional letters regarding the various stages and steps. This should include an inventory of assets.

However, if your brother had been POA while your parent was alive - if he had pulled any funny business such as putting his name on accounts - which by the way, isn’t necessarily funny business but necessary for bill paying etc - these accounts won’t likely be included in the probate process.

As far as what actually makes it to probate- it’s quite difficult for an executor to be dishonest at this point. The probate court has several checks and balances to prevent this - all overseen by a probate judge.

I'm not sure what you mean by "attorney information"?

To whom has your sibling given incorrect information about your parents' finances, and with respect how do you know? Is it the case that you want the information corrected and your sibling either can't be bothered or has some sinister reason for not wanting to provide correct figures? Are you sure the difference is going to matter enough to be worth the battle?

Your parents' wills, plural, are separate documents. If it's not a hurtful question, when did your parents die?

Is this actually about your parents' estate, or is it actually, do you suspect, more about some pre-existing conflict between you and your parents' executor?

Exact procedures vary from state to state. If you go online and search for "wills in [name of your state]" you should be able to find out what process has to be followed where you are.

You may or may not be entitled to a copy of the will right now; but it seems to be a universal rule that beneficiaries are, and I assume you are a beneficiary.