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How may I get full disclosure of the disbursement of property of my parents estate?

Business 6 views 4 answers
My mom passed away in 2003, Married to my dad 50 years. My dad remarried (w a prenuptual agreement) in 2006 & passed away in 2010. His widow has recently sent me a check for $200 & has sent a hand written directions to sign and have notarized a 'receipt and release' statement for her & the Estate. She has recently remarried and has not yet settled w selling the house & distributing the funds (as in my dads will). How can I know what else has been done if I live out of state? Shouldn't there be a record? I will be in S. C. Soon to consult w someone. Any recommendations?

Attorney Answers

4
Timothy Vitollo ·
If you are concerned that the personal representative/surviving spouse is not administering the estate in accordance with your father's Will and the prenuptial agreement, then you should consult with a local probate attorney. There are certain timeframes in which you must respond to certain probate filings- for example, the personal representative is generally required to file a proposal for distribution, and to object you must file a response within 30 days. Also, a receipt and release generally has the effect of releasing any claim you might have against the personal representative, so if you have any concerns about how the estate has been handled, you should consult an attorney before executing the receipt and release.
0 upvotes
Lloyd Patterson ·
Start by contacting the probate court in the county of his residence. The clerk will send you a copy of the estate file for a small fee. You will need the file prior to consulting with an attorney. You can send the file to a SC probate attorney to review for you and that can all be done without the expense of a trip to SC
0 upvotes
William Brannon ·
For a small fee, you can file a demand for notice with the local probate court supervising the administration of the estate. As others have suggested, request a copy of all of the filed documents in advance of meeting with a lawyer who works in the area of probate administration. There are certain deadlines for making demands for information in the probate court that must be met, you need be to be aware of such deadlines upon receipt of anything from the personal representative.
0 upvotes

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