Who is responsible for making sure the will is carried out

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Who is responsible for making sure the will is carried out

My husband just found out he
and his sister were in his
father’s will that went
through probate 11/2013.
They supposedly were
supposed to split 50/50 two
insurance policies totaling
300K, 5 lots on Lake
Buchanan, 1 lot close to San
Marcos and a house
property in Austin valued at
240K. He just received a
copy of the will and he was
shocked to learn of the
provision for he and his
sister. This is 4 years
later and nobody has said
anything about this.

Asked on April 10, 2018 under Estate Planning, Colorado

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your situation.  I am assuming that the Will was probated (filed in the Probate Court)?  Then the matter is a public record and the insurance policies are likely listed in the accounting done. Do you know what the status is?  Who is the Executor?  That person had the obligation to send a copy of the Will and notifications when it was being probated.  I would start by getting a copy of the Probate Court file.  There are many services that can do same for you.  It sounds like the polices were left to the the estate and went in to the big pot where they were supposed to be given to you.  The insurance company would not have paid them out inopposite to the beneficiary designation.  They would have been liable otherwise.  Start with the file then go from there.  Good luck.


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