What to do if my mother passed away over a year ago and my brother is the executator of the Will but he does not want to “alert” anyone that she has passed?

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What to do if my mother passed away over a year ago and my brother is the executator of the Will but he does not want to “alert” anyone that she has passed?

This includes the federal government (mail), mutual fund companies, life insurance, banks, etc. Everything is 50/50 but I don’t want to be a guilty by association. He holds all the cards.He refuses to release his SSN to these companies because he doesn’t want to claim the income. What can I do? It’s not about my 1/2 of the assets, it about whether what he is doing is legal and me because caught in the middle.

Asked on April 16, 2013 under Estate Planning, Missouri

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You obtain yourself probate counsel right NOW to file a petition into the probate court, to have yourself appointed administrator of the estate, and don't tell him before he is served with a petition. This will knock him out of the executor directive of the will, and will clear you of any association with any of his conduct that could be troublesome for you.


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