What to do about stockrecently discoveredso not included in the probate estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about stockrecently discoveredso not included in the probate estate?
Years after death, discovered stock certificate in the name of and signed by father, and left to son. No signature guarantee. Not included in estate. Executor is hostile to children of deceased.
Asked on February 25, 2011 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am sorry. It is the estate of your Father and the executor is hostile to you as the beneficiaries of the estate? Well too bad on him. He has a fiduciary duty under the law to act o behalf of the estate and his personal feelings need to be pushed aside. Generally speaking when additional assets are found you have to make a motion to reopen an estate to probate the, But, I am not sure that you need to here. If the stocks were in some way bequeathed on the stock certificate themselves - like a designation of beneficiary form - then it may not have to pass through probate. Call the company on the stock certificate and call a stock transfer agent to ask. Otherwise, take a firm hand with the executor. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.