This may be naive, but I was just blown away today. My brother-in-law, who has been living in Memory Care for the last 5 years, recently passed away. I heard the news a week ago and today I pulled out a copy of his will and realized I was named the executrix. I called his sister, who has been acting as his POA ever since my sister (his wife) died in 2020. After asking how she and the family are doing, I told her I had read over his will and as the executrix, I would need to get a complete list of assets so I could begin the probate process with his will. My sister and her husband had identical wills. Both had charitable bequests and then left the remainder to their sisters, split 50/50.
She suggested that she could just handle everything since as his POA, she had been handling his affairs for the last several years. I told her I needed to fulfill my legal responsibility. Besides, my BIL left a significant portion of his assets to charity, after which any residual was to be split 50/50 between the two of us. She said she should get everything because she had been doing the work to visit him and manage his affairs the last four years, and did not seem inclined to cooperate with the idea of probating the will. Just WOW!
I will be reaching out to an attorney who handles contested estates on Monday. Another attorney I know volunteered to write her a letter, but I’m thinking of engaging a firm who could handle litigation over the estate if it comes to that. I am not sure of the funds involved once his charitable wishes are fulfilled and any creditors are satisfied, and I’m fairly confident it is not a huge amount, but it is just not right for her to disregard his wishes so blatantly.
Has anyone else experienced something like this? If so, any advice?
She suggested that she could just handle everything since as his POA, she had been handling his affairs for the last several years. I told her I needed to fulfill my legal responsibility. Besides, my BIL left a significant portion of his assets to charity, after which any residual was to be split 50/50 between the two of us. She said she should get everything because she had been doing the work to visit him and manage his affairs the last four years, and did not seem inclined to cooperate with the idea of probating the will. Just WOW!
I will be reaching out to an attorney who handles contested estates on Monday. Another attorney I know volunteered to write her a letter, but I’m thinking of engaging a firm who could handle litigation over the estate if it comes to that. I am not sure of the funds involved once his charitable wishes are fulfilled and any creditors are satisfied, and I’m fairly confident it is not a huge amount, but it is just not right for her to disregard his wishes so blatantly.
Has anyone else experienced something like this? If so, any advice?