What are an executor’s obligations to the beneficiaries?
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What are an executor’s obligations to the beneficiaries?
My mom died about a year ago. My sister and I are the only children. My sister has had my mom’s POA for 23 years; she was named as executor. She has not given me any information, even though I have asked for a copy of the Will. She has not disclosed any financial info to me. Does she have a timeframe in which to do this? There were no outstanding debts.
Asked on November 20, 2013 under Estate Planning, Alaska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. First, a POA dies with the person for whom it is intended. You sister must be appointed as the Executor of the estate in order to act in any way. Now, it is unclear from your question if she has started the probate process. It is generally done within 6 months of the testator's death. It appears that there is a 3 year statute of limitations to filing that can be overcome. There are two types of probate: formal and informal. Now, if she has filed you should have gotten a copy of the Will and notice of the filing. She could have sent you a waiver of notice but a copy of the Will should have been included. The notice issues starts the time frame in which a beneficiary has to object to probate. Now, if she did file then the Will is a public record and you can view it at the Probate Court. If she did not and is dragging her heels, you can file a formal demand that the Will be probated, but I would seek legal help to do that. Honestly I would speak with an attorney either way given her former status. Good luck.
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