We received the following question:
My sister said that the money I was supposed to receive in the settlement was used up in the administration of the estate. My sister and brother both received money while I didn’t get anything. How is this fair and what should I do?
This was our response:
The first thing you need to do is get a copy of the last Will and Testament or the trust. In order for us to figure out what happened in this estate we will need to get a full and complete accounting. The first thing we need to know is what happened.
Some of the questions that we have in order to proceed are what is the full name of the person who died?
When did they die?
Do you have a copy of the death certificate?
Can you get us a copy of it for review?
What did the decedent have when they died? (Decedent is another word for the person who died or the deceased).
Was there real estate involved?
Was there a bank account?
What about motor vehicles?
Was there investment accounts?
401ks?
IRAs?
Was there a lot of debt?
Did you get any correspondence from your sister? (I’m assuming that your sister was the administrator of the estate).
Was there a personal representative appointed? If so, who was it?
Do you have a case number?
Was there a probate case in the District Court or was this administered outside of the court system?
Was there an attorney involved in the estate administration? If so, what is his or her name?
We need copies of all of the documents and we need more information so we can properly analyze your case.
Once we get a copy of the will or trust and a full and complete accounting we can determine if your sister and brother did get what they were supposed to get in the estate or whether you got less than you were supposed to.
If your sister was the executor or the personal representative of the estate; then she has a fiduciary duty to administer the estate correctly according to the will, trust, or intestacy code. The intestacy code is the Utah Uniform Probate Code. This is the law that tells the personal representative of the estate what to do with the assets of the estate.
Did you have a claim to estate property? Was your claim properly administered?
There is always costs associated with the administration of the estate. There is a court filing fee of $360.00. There is the costs that the executor incurs. There may be appraisals or other up keep costs associated with estate property (think utility bills and the like if there is real estate). Quite frankly, it seems from your question that there has been a problem and perhaps mis-administration of the estate. We need to do some digging and research in order to figure that out.
Your best next step is to get those documents that we need to review them and find out more information. Once we have this information we’ll be able to do a much better job of answering your questions.
Inheritance Lawyer Free Consultation
When you need legal help you get your inheritance, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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