How can I gain access to my deceased mothers pension and savings accounts
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How can I gain access to my deceased mothers pension and savings accounts
Sadly my mother passed away last year and I
believe she left some savings and also a
pension from Boeing. Because my father is not
doing so well anymore my brother sort of
assumed the role of handling finances however
I do not believe he is honest with me about
how much was left and how much there is and
where it is being spent how can I get a hold of
this information and what is rightfully mine
Asked on June 20, 2019 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
From what you write, we assume your brother is the executor or personal representative of the estate--i.e. person with legal authority over her assets. In that case, you'd have to file a lawsuit against him (in his role as executor or personal representative) and the estate, based on the assertion that you have reasonable grounds to believe that you should have, as her child, inherited from your mother but have received nothing and no information, so that you believe that he is not following the will (if there was one) or law (the rules for intestate succession, if there was no will). In the lawsuit, you will be able to compel him to provide information about assets, about what he has spent, etc. Unfortunately, if he does not voluntarily cooperate, a lawsuit is the only way to compel him to do sol.
Bear in mind that it is very likely that if you are talking about a traditional pension and not a 401(k), that no one is entitled to any of it: most pensions cease paying out when the recipient passes away.
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