What to do about stockrecently discoveredso not included in the probate estate?

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What to do about stockrecently discoveredso not included in the probate estate?

Years after death, discovered stock certificate in the name of and signed by father, and left to son. No signature guarantee. Not included in estate. Executor is hostile to children of deceased.

Asked on February 25, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am sorry.  It is the estate of your Father and the executor is hostile to you as the beneficiaries of the estate?  Well too bad on him.  He has a fiduciary duty under the law to act o behalf of the estate and his personal feelings need to be pushed aside. Generally speaking when additional assets are found you have to make a motion to reopen an estate to probate the,  But, I am not sure that you need to here.  If the stocks were in some way bequeathed on the stock certificate themselves - like a designation of beneficiary form -  then it may not have to pass through probate.  Call the company on the stock certificate and call a stock transfer agent to ask.  Otherwise, take a firm hand with the executor.  Good luck. 


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