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The one who is named executor in the will itself is in control of it. No one else can legally execute that will. Your brother is trying to intimidate your mother. If it's stated in writing that she is the executor of the will. Her being the closest next-of-kin left to your aunt does not automatically put her in charge of executing her will if she wasn't listed already.
So there is a will, right? and Auntie likely named your mom as Executor but your brother is trying to assume that role, right? & your mom is her deceased sister only surviving sibling? & and your Aunt died without having any children, I’m guessing? but Aunt died with assets, & assets are still in your Aunts name, right?
if this is what the situation is, then what in my not-an-attorney-but been-an-Executor opinion is that your mom is going to need to get a probate atty to open full probate and the atty files the will to do that OR sends a demand letter to your brother to get him to submit the will. You then let the probate atty do their job as per the terms of Aunties will. If your mom is listed to be the Executor then she’s the executor. But if it was your brother named Executor as per the will, then it’s him.
The terms in the will are pretty much set in stone. If Auntie had assets, someone is going to have to be legally able to file paperwork on the behalf of the estate and deal with the assets and distribute them as per terms of the will. Its hard to get away with shenanigans in probate court if family is monitoring probate filings. Your brother is bluffing & you can call him out on this as probate is open records.
For him to do things, again, he’s going to have to produce a will that states he’s executor as per the will. When he files the will, its a public record. So you can pay a fee to get a download of it. And if he does things contrary to the will, your mom as an heir as per the will, has “standing” to remove him as executor.
If for some reason, your brother gets all huffy and says there was no will, then your atty can file do a “lineal heirship” to establish that your mom is the heir. Doing lineal is not a DIY. Often attys that do lineal have a practice that it’s all they do. It’s not necessarily expensive but it is really precise paperwork & timeframe oriented. Like Notices have to go into publications of record for wherever Auntie & her deceased husband lived and other documents done to establish that they had no children or that their prior marriages had no children, or all children predeceased them. Atty does an statewide asset search. Don’t be surprised if the first probate atty wants to turn it over to another probate atty if it goes lineal route.
I've been an executor x 3, and it seems that rarely sometimes, even tho there is a will, that family does a “we can’t find it” so that they can do a lineal heirship instead. Seems to happen if a will is super old and all the heirs as per the will are themselves dead, and ditto for the Executor & ditto for the old atty and the old law firm doesnt exist anymore either. The Notices for the lineal serves as a call-out to interested parties that if they think they are heirs then they have to contact the atty to let atty know and provide info as to why they have “standing”. Lineal process establishes who are heirs and a dependent administration of the estate is filed in probate by the atty. Then assets get liquidated via the dependent administration (judge supervised) and then get distributed based on the # of heirs.
I had no idea about any of this. Such valuable information. I never even considered that family members could be confiscating a will in order to pretend that one doesn't exist. Yikes.
Your brother may have been assigned the role of executor? Is the Aunt now deceased? The will of an elder must be filed in probate. It must then be distributed. If your Mom is the sole heir then the Aunt's executor will be distributed the funds to your mother. A will is a public document, so you can access it through public records in your country when it is filed for probate. You say that your Mom is the only heir of the aunt, her sister's will. May I ask how you are certain of that if the will is being kept from you? Did your mom have a copy of this will, which the elder son confiscated from her?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
No one else can legally execute that will. Your brother is trying to intimidate your mother. If it's stated in writing that she is the executor of the will.
Her being the closest next-of-kin left to your aunt does not automatically put her in charge of executing her will if she wasn't listed already.
and Auntie likely named your mom as Executor but your brother is trying to assume that role, right?
& your mom is her deceased sister only surviving sibling?
& and your Aunt died without having any children, I’m guessing?
but Aunt died with assets, & assets are still in your Aunts name, right?
if this is what the situation is, then what in my not-an-attorney-but been-an-Executor opinion is that your mom is going to need to get a probate atty to open full probate and the atty files the will to do that OR sends a demand letter to your brother to get him to submit the will. You then let the probate atty do their job as per the terms of Aunties will. If your mom is listed to be the Executor then she’s the executor. But if it was your brother named Executor as per the will, then it’s him.
The terms in the will are pretty much set in stone. If Auntie had assets, someone is going to have to be legally able to file paperwork on the behalf of the estate and deal with the assets and distribute them as per terms of the will. Its hard to get away with shenanigans in probate court if family is monitoring probate filings. Your brother is bluffing & you can call him out on this as probate is open records.
For him to do things, again, he’s going to have to produce a will that states he’s executor as per the will. When he files the will, its a public record. So you can pay a fee to get a download of it. And if he does things contrary to the will, your mom as an heir as per the will, has “standing” to remove him as executor.
If for some reason, your brother gets all huffy and says there was no will, then your atty can file do a “lineal heirship” to establish that your mom is the heir. Doing lineal is not a DIY. Often attys that do lineal have a practice that it’s all they do. It’s not necessarily expensive but it is really precise paperwork & timeframe oriented. Like Notices have to go into publications of record for wherever Auntie & her deceased husband lived and other documents done to establish that they had no children or that their prior marriages had no children, or all children predeceased them. Atty does an statewide asset search. Don’t be surprised if the first probate atty wants to turn it over to another probate atty if it goes lineal route.
I've been an executor x 3, and it seems that rarely sometimes, even tho there is a will, that family does a “we can’t find it” so that they can do a lineal heirship instead. Seems to happen if a will is super old and all the heirs as per the will are themselves dead, and ditto for the Executor & ditto for the old atty and the old law firm doesnt exist anymore either. The Notices for the lineal serves as a call-out to interested parties that if they think they are heirs then they have to contact the atty to let atty know and provide info as to why they have “standing”. Lineal process establishes who are heirs and a dependent administration of the estate is filed in probate by the atty. Then assets get liquidated via the dependent administration (judge supervised) and then get distributed based on the # of heirs.
Is the Aunt now deceased?
The will of an elder must be filed in probate. It must then be distributed. If your Mom is the sole heir then the Aunt's executor will be distributed the funds to your mother.
A will is a public document, so you can access it through public records in your country when it is filed for probate.
You say that your Mom is the only heir of the aunt, her sister's will. May I ask how you are certain of that if the will is being kept from you? Did your mom have a copy of this will, which the elder son confiscated from her?