Executor not following will

[My3boyz]

Jurisdiction

New Jersey

Although we obtained a attorney firm we need some answerd . Mother-in-law died last year. Brotherinlaw was left to be executor. One of eight children.There was no will no insurance policy and all of a sudden three days later they found it mother-in-law left the cash to pay for a funeral. They went through all her personal belongings before anybody else could get to it, we were basically left in the dark. There are two sets of children five from her first husband three from second husband the first five do not really talk to the step brothers and sister from second marriage. She left the house and all her belongings and a life insurance policy to all her kids the okdest is named executor.it's over a year. although my attorney discussed what we can do it's taking long and we are kind of fed up. Just need some answers for us to get some kind of relief from this claim. There was no insurance money he claimed then we called was paid two weeks after death certificate was filed. They just didn't tell me the amounts is this illegal ?and will we have a chance to have him removed? He does not call or let us know what's going on with her house Home is paid for and it clearly states in the will that everything she has been left to all her children evenly. Does he have to share the insurance money?

 

[Zigner]

There was no will...
.
.
.
... it clearly states in the will ...

Huh?
In any case...
Insurance money goes to whoever is named as the beneficiary. So, if Bob is the only named beneficiary, then Bob doesn't have to share a penny.

Beyond that, I don't believe (from what you've shared) that you are named in the will. You have no dog in this fight. There is no "we" or "our".

 

[zddoodah]

Executor not following will

There was no will

Ummm...then not following a will that doesn't exist isn't a problem, right?

Brotherinlaw was left to be executor.

If there was no will, then what does this mean?

all of a sudden three days later they found it mother-in-law left the cash to pay for a funeral. They went through all her personal belongings before anybody else could get to it

Who are "they"?

we were basically left in the dark.

I assume "we" includes your spouse who was your mother-in-law's child. That's important because, if there is no will, then the disposition of your mother-in-law's estate has nothing to do with you.

There are two sets of children five from her first husband three from second husband the first five do not really talk to the step brothers and sister from second marriage.

Those would be half-brothers and half-sisters, not step-siblings.

There was ... no insurance policy

She left ... a life insurance policy

You need to make up your mind.

She left the house and all her belongings and a life insurance policy to all her kids the okdest is named executor.

Again, if there was no will and no insurance policy, what does all this mean? Also, if there was an insurance policy, she didn't really leave EIGHT children as co-beneficiaries, did she?

They just didn't tell me the amounts is this illegal ?

Who are "they"?

will we have a chance to have him removed?

The persons who stand to inherit from the estate can seek to have the court-appointed executor removed.

Does he have to share the insurance money?

If there was a life insurance policy, the money belongs to the named beneficiary(ies) and is not part of the estate.

 

[adjusterjack]

There was no insurance money he claimed then we called was paid two weeks after death certificate was filed.Does he have to share the insurance money?

It seems that your questions are only about insurance proceeds. That he was able to get paid without getting anybody else involves suggests that he was the sole beneficiary of the policy.

As such he doesn't have to tell anybody the amount nor does he have to share it. It's his money.

As for anything else in your rather incomprehensible post, I suggest you go back to your lawyer.

 

[My3boyz]

Huh?
In any case...
Insurance money goes to whoever is named as the beneficiary. So, if Bob is the only named beneficiary, then Bob doesn't have to share a penny.

Beyond that, I don't believe (from what you've shared) that you are named in the will. You have no dog in this fight. There is no "we" or "our".

Yes my wife is named in the will and so is all the other siblings .. will states everything to be divided equally among all . 100% minus the funeral expenses and any other expenses that come with ..

 

[My3boyz]

It seems that your questions are only about insurance proceeds. That he was able to get paid without getting anybody else involves suggests that he was the sole beneficiary of the policy.

As such he doesn't have to tell anybody the amount nor does he have to share it. It's his money.

As for anything else in your rather incomprehensible post, I suggest you go back to your lawyer.

He was named beneficiary only in life insurance policy .. all other beneficiaries named in will .. he told everyone there was no will or insurance till we found the will and called insurance to verify it was active .. basically tried to hide it.. but it came out anyway.. amazing how greedy family will get ..

 

[Zigner]

Yes my wife is named in the will and so is all the other siblings .. will states everything to be divided equally among all . 100% minus the funeral expenses and any other expenses that come with ..

As I see it:

Your wife's mother died last year. She had a will which states that her entire estate (after paying required expenses) is to be distributed to her 8 children. She also had at least one life insurance policy and there was one beneficiary of that life insurance policy, who received the entire policy.

With the above said: The beneficiary of the insurance payout owns all of that money. It is not part of the estate. YOU are not a party to this at all. Your wife is.

I don't understand any other questions you may have. Please ask again.

 

[Zigner]

... amazing how greedy family will get ..

I can't even begin to explain the irony in your statement.

 

[zddoodah]

He was named beneficiary only in life insurance policy .. all other beneficiaries named in will .. he told everyone there was no will or insurance till we found the will and called insurance to verify it was active .. basically tried to hide it.. but it came out anyway.. amazing how greedy family will get ..

Then the proceeds of the policy are his alone. They are not part of the estate, and he's under no obligation to share the insurance proceeds, unless....

If the beneficiary designation on the policy named "John Smith, as executor of the Estate of Mary Smith," then an argument could be made that the insurance proceeds are part of the estate.

You said that you have (or, more accurately, your wife has) an attorney, so any issues relating to the administration of the estate should be discussed with the attorney.

 

[My3boyz]

Then the proceeds of the policy are his alone. They are not part of the estate, and he's under no obligation to share the insurance proceeds, unless....

If the beneficiary designation on the policy named "John Smith, as executor of the Estate of Mary Smith," then an argument could be made that the insurance proceeds are part of the estate.

You said that you have (or, more accurately, your wife has) an attorney, so any issues relating to the administration of the estate should be discussed with the attorney.

That's exactly how it is stated

 

[My3boyz]

As I see it:

Your wife's mother died last year. She had a will which states that her entire estate (after paying required expenses) is to be distributed to her 8 children. She also had at least one life insurance policy and there was one beneficiary of that life insurance policy, who received the entire policy.

With the above said: The beneficiary of the insurance payout owns all of that money. It is not part of the estate. YOU are not a party to this at all. Your wife is.

I don't understand any other questions you may have. Please ask again.

My main concern was tryna figure out if all the siblings are or were entitled to a portion of the life insurance policy as well as all of the other items named in will .. specifically jewelry and the house and car .. as of to date he/she has kept everyone in the dark and said he doesn't have to disclose or discuss with anyone about the will or intentions..

 

[Zigner]

That's exactly how it is stated

You weren't even aware of the existence of the policy until a short while ago. How do you know how the beneficiary was designated?

 

[adjusterjack]

You weren't even aware of the existence of the policy until a short while ago. How do you know how the beneficiary was designated?

Assuming he has the actual policy in hand, the policy would contain the application which would show the beneficiary designation.

 

[My3boyz]

You weren't even aware of the existence of the policy until a short while ago. How do you know how the beneficiary was designated?

The week after her passing we called the insurance and they confirmed the name of beneficiary and he since still denied it . He was only one named on policy but will has all siblings names and all contents money, jewels , house car..etc

 

[My3boyz]

Assuming he has the actual policy in hand, the policy would contain the application which would show the beneficiary designation.

Insurance agent stated policy was paid out after they received the death certificate.. sound 2 weeks later approximately he was sent the check

 

[adjusterjack]

You really need to be discussing all this with your lawyer.

 

[My3boyz]

You really need to be discussing all this with your lawyer.

Thx

 

[Zigner]

The week after her passing we called the insurance and they confirmed the name of beneficiary and he since still denied it . He was only one named on policy but will has all siblings names and all contents money, jewels , house car..etc

While not inconceivable, I find it strange that the insurance company would give out that sort of information to a random phone caller who claims to be neither the owner nor the beneficiary of the policy.

 

[Zigner]

Insurance agent stated policy was paid out after they received the death certificate.. sound 2 weeks later approximately he was sent the check

The insurance company/agent sure seems very talkative to someone who has no business having any information about the policy.

 

[My3boyz]

The insurance company/agent sure seems very talkative to someone who has no business having any information about the policy.

Just basic info not how much .. I have info to verify policy and she was able to tell me who beneficiary was .. that's all .. amonuiis still unknown since executor doesn't acknowledge anyone.. thx for your time