Does a executor of a will who is also a beneficiary have the right not to prove she is on all bank accounts

Her sister passed I know she is on
some of the accounts but I know she is
not on all, she would not sign a paper
saying she was on all accounts, what is
my next step. I have already turned
down one money amount cause she is
being dishonest about the value of the
rest of the estate

Asked on April 10, 2017 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  It sounds like the Executor is not being fully transparent with what is going on.  What is fortuante for you is that Wills and Probate proceedings are public records so you will need to go down to the County in which the proceeding has been started and ask to look at the court file. The Petiton has to list all assets held at the time of death. If you are a beneficiary and if you think that she is being shady then refuse to sign anything and ask the court clerk how to file for a conference with the Surrogate (Probate Judge) .  You can also demand an accounting of the estate by the Executor.  The ultimate tool is to have her removed for a breach of fiduciary duty.   The issue that could be a problem is if some of the accounts were not part of the probate but passed "by operation of law" to the other person named on the account.  You may need legal help for this.  I am going to give you a link to an overview of one of the counties in SC just for reference.  Good luck.

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