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Home >> Special Situations >> Deceased Individuals
Family Member Objects to Executor of Will
I have a family member who passed away. The woman whom she left in charge of her Will and everything is only there to line her own pockets. Her own family (sister and daughter) told me this face to face. She is not a family member and she had my aunt change her Will three times to fit what she wanted and not what my aunt's wanted, with the Will leaving everything to the woman. My aunt's mental stability is in question. I know my aunt didn't have any money when she went to the nursing home. The other woman had all of the legal stuff put in her name, POA, med-POA, and executor of her Will. The woman in question and her family (daughter and sister) want me to get a copy of all accounts, and transactions in order to look into my aunt's past with the woman. What would I need to have or do to get these copies?
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 Talk to an attorney. You can't get access to account history unless you represent the woman's estate. At the moment, it appears that someone else is in line for that position, the woman whom you distrust so much.
One of the protections in our legal system is the requirement that a court must approve both any Will before it can be said to be a legal representation of a decedent's wishes and the appointment of any personal representative of the estate, which includes an executor nominated in the Will. That means that you and other members of your aunt's family can object to the will and executor in court and try to convince the judge of the merits of your arguments.
Go to the probate court in the county in which your aunt died, and find out if her Will has been presented for probate. If not, find out the court's practice regarding notifying the public of probate hearings, so that you or others can offer your testimony concerning your misgivings about the nominated executor. If the court believes that copies of bank records are relevant to its decision, it can order that they be provided.
Published on BankingQuestions.com 9/15/09
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