gregorygarver.com

[RobS]

Hello out there UM My father past away on 11-7-07 and he had a will dated back in 2001 I am 37 and I have two half brothers 10 and 12 my father divorsed in 2001 and left everything too my two brothers and he had my mother as benifishery on three bank accounts.this is my real mother I am talking about. .The eexcc of the estate is not even a friend anymore to my Dad. and he never change that from his will I talked to him about how does my Mom go about getting the accounts transfered over to her and how much was there and the guy say that it is in probate and he wont give me any info these accounts are set up for my dads bills to be taken out monthy does thast stop or no .my Dad lived in florida and my Mom lives in california the bank says that my mom needs a death certifacate I was told that there was about 5000 between thoughs accounts and the one that had about 45.000.00 was changed to a different person other than my Mom 5 days before he died and he was in a hospital his last 30 day

[Enigma9978]

First of all was your Mom still married to him? Secondly why is a friend the executor?Usually immediate family members are asked first to be the executors. In my state family are executors first and if there are no executors it is handed to the state to execute. Why doesn't she have a death certificate? If she was still married to him she should have got one first. Sounds like someone needs to put a screeching halt on the "friend" who is the executor. Take your Mom to the probate court and contest this right away. Your mother can request a death certificate at any time from the funeral director or the court. You may need to get a lawyer to see this through. You can get a death certificate yourself. If your half brothers are minors they will probably get the biggest part of the estate though. If your parents were divorced there is a good chance that your dad had those accounts changed and the children will be the beneficiaries.

[elysialaw]

If your mother is named as a beneficiary on the accounts at the bank (and not in the will) the will need not be probated for her to get the account proceeds. All she needs is a death certificate which can be obtained by anyone for a small fee. If she is the beneficiary of the accounts under the will then she will have to wait for probate. As your fathers death was fairly recently it is not at all unusual for the executor to not have much info at this time and for the will to still be with probate court. If you or your mother were named in the will you should within a short period of time get a letter from the executor stating the value of the estate and any entitlement you or she may have.