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willieisawestie Asked December 2020

When should beneficiaries be told?

Mom recently passed away. The funeral is over. I'm an only child and I know I'm the beneficiary of her will. I AM NOT THE EXECUTOR. So far the executor hasn't told me anything about my mom's will. NO, I do not know what is in the will. My mother did not want me to know. All I've been told is that I'm the beneficiary. Mom's funeral was last week. So, would it be out of line for me to tell the Executor I want to see the will now???????


Separate issue: My mother has rentals and they will be sold. I do know that I will inherit the proceeds from the sale of the rentals. I am now renting a home from her. It is my opinion that I shouldn't be required to continue paying rent as "basically the rent money will be mine once the house sells anyway......it would be like paying myself the rent. Do you all agree????????????

Geaton777 Dec 2020
I would think you'd still need to pay rent as it will go to the estate. Did you make the rent checks out to your mom personally? Or an LLC? I would ask the Executor who to make the checks out going forward. I'm no expert in probate but I wouldn't change doing anything without speaking to the Executor first because you don't want to hold up the probate process. And this is assuming the Executor knows anything about estates and probate (is it an attorney? Or another family member?) FYI don't operate on assumptions...you said yourself your mom didn't let on what's in her will so you don't know anything for certain at this point.

AlvaDeer Dec 2020
I hope you are friendly with the executor. I am curious why Mom wouldn't want you to know what is in the will and find that information "worrisome". Your State dictates the amount of time the Executor has to notify all beneficiaries. If you are friendly you can nicely ASK if you could see the will, but the Executor doesn't have to show you the will. You can also ask when the will will be filed for probate, as then it is a public document that you yourself can go and read in full. Much here will depend upon your relationship with the Executor. I don't know why you are certain you get proceeds from sale of rental properties if you have not read the will so I don't see how you can withhold rental; I also think it unlikely that you will be thrown out on your ear if you don't pay. Dependent on the instructions in the will and the complexity of the will it may be some time before the estate is settled and distributed. Wishing you good luck. I would tread gently and try to form a wonderful relationship with the Executor who is the Lion/ess at the gate now.

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JoAnn29 Dec 2020
In my State a Will cannot even be Probated until at least 10 days after death. I actually took almost 2 months before I did anything. Mom only had her house. Once Probate is started, the Will becomes public record and you can ask for a copy. The Executors job is to inform all Beneficiaries, by mail, that the Will is now in probate and either provide a copy or upon request. The Executor then has to see if there are any outstanding debts and pay them from the estate. If assets are to be liquidated, then that means Moms property has to be sold as u have stated. This can take months or years to do. Probate can't close until it done.

Not sure about you not paying rent. If you were a regular renter, you would still need to pay rent and the rent goes to the estate or be evicted. I would think that goes for you too. This would be a question for probate. Looks like the Executor of Moms estate has a big job ahead of them. I wouldn't make that job harder.

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