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

Answers:

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.
http://www.oconeesc.com/Portals/0/Documents/Probate/EstateSettlement%20pamplet%20overview.pdf


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.