My mother passed away 4/26/13.She had a will that wasn't in probate court. My sister has the will and said that she is executor.My mother had three bank accounts with one hundred and fifteen thousand. My brother was ben. of one account.My sister told me I am not giving you any money. I asked to see the will and the bank letter with ben named.
The will was form Denver Co.were my brother lives. My sister has two homes Mich and Flordia. My mother lived in Denver Co. Waiting for the will?
2 Answers from Attorneys
It is very possible that the bank accounts will not be part of the probate estate because they will have a payable on death statement that would bypass probate upon death. However, you can force production of the will by filing suit in the probate court. You should consult an experienced probate lawyer who will know how to handle this situation.
Yes, are the accounts in her name only. The will may never head to probate if there are no estate assets. Check with a local probate expert.