If my mother-in-law died just over a year ago and my father-in-law is executor, is it legal for him to not tell any of her children about her Will?

My wife has asked about the Will and his answer is “none of your business”.

Asked on August 6, 2015 under Estate Planning, North Dakota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An executor has to do an accounting to the heirs and to the probate court.  If the case is not currently in probate, then the timelines are very general for the distribution of her estate....meaning, he could wait several more weeks before he discloses what he did or did not do with any gifts directed by the will.

If the children really know what is going on with estate, they need to file a probate action.   From there, whether the father-in-law wants to or not, he will be required to account to the parties-- or face the potential of being removed as the executor of the estate.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An executor has to do an accounting to the heirs and to the probate court.  If the case is not currently in probate, then the timelines are very general for the distribution of her estate....meaning, he could wait several more weeks before he discloses what he did or did not do with any gifts directed by the will.

If the children really know what is going on with estate, they need to file a probate action.   From there, whether the father-in-law wants to or not, he will be required to account to the parties-- or face the potential of being removed as the executor of the estate.


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