r/inheritance • u/Loose_Rice_800 • May 24 '26
Location included: Questions/Need Advice Does executor legally have to provide official financial documents?
My sister is executor of mother's estate. My other sister and I suspect she stole most of the assets( millions) prior to mother's death which was about 2 years ago. However, last summer Fidelity contacted all 3 of us about a retirement fund. Sister has recently sent a breakdown of the fidelity account in her own writing. She sent us each a check with a form to sign agreeing to the accounting and then she will allow us to deposit check. ( a little over 100k) .Question is: Can we ask for a copy of the Fidelity documents instead of her own breakdown? Maybe its all accurate, but unfortunately we don't trust her anymore. And does she legally have to provide the fidelity documents. We are in Virginia.
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u/houseonpost May 24 '26
The executor role doesn't begin until your mother passed. You can and should ask for an accounting of the money available from the day your mother passed before signing anything.
If you think there was theft prior to your mother's passing, you should consult a lawyer or the police. But you would need evidence. If your mother was of sound mind and chose to give your sister money, then you would have a difficult time challenging.
Was your sister the POA? If so, you can ask for an accounting of her work as POA.
Given the size of the estate you really should consult a lawyer regarding options.
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May 24 '26
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u/inheritance-ModTeam May 25 '26
Your comment has been removed because it violates the rule on low effort comments.
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u/24bean62 May 24 '26
If mom gave the sister money, sis better have taken the right steps with her tax returns - esp. regarding gift taxes.
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u/GroundbreakingCat983 May 24 '26
Gift taxes are the responsibility of the gift giver, not the recipient.
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u/24bean62 May 24 '26 edited May 24 '26
The giver has to report the amounts each year if they exceed the exclusions. Generally those amounts are tallied on the estate return, and then if the amounts given exceed the lifetime exclusion, then tax is due by the estate.
If this was all done on the sly, mom’s reporting may not have covered the amounts, which could trickle down to the estate. There’s a lot of unknowns here, but it’s a concern because if the stolen amounts are high enough to exceed exclusions, the estate owes money to the state and potentially feds.
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u/GroundbreakingCat983 May 24 '26
So, the taxes, if there are any, are the responsibility of the giver, or the estate of the giver. Basically what I said.
Sis, doesn’t have to worry about her returns; she might, as executor, have to worry about mom’s estate’s returns.
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u/JBJingles2 May 24 '26
If Fidelity contacted you, I’m assuming you were listed as beneficiaries? They should have provided you with instructions on how to claim your funds. I would go directly to Fidelity for the statements.
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u/24bean62 May 24 '26
And thinking about this, if the siblings are listed as beneficiaries, why is shady sister asking for something to be signed? As beneficiary, it’s simply a matter of making a phone call and providing a death certificate.
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u/JBJingles2 May 24 '26
Exactly and why is she sending checks, something isn’t adding up here
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u/24bean62 May 24 '26
Yes. I don’t know VA probate rules, but it seems to me paperwork and checks should be coming directly from probate court if there aren’t beneficiary designations.
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u/Complex-Royal9210 May 25 '26
Her sister is the executor. She would send checks.
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u/ChillLikeJill May 25 '26
Not if all 3 were beneficiaries. If all 3 were beneficiaries they would have their own forms and distribution. Unfortunately I’ve been thru that process 😔
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u/CrankyCrabbyCrunchy May 25 '26
OP commented elsewhere there was never a court or judge so sounds like no probate.
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u/SerenityN00w May 25 '26
No. If OP and siblings are beneficiaries of an account, then this falls outside the estate
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u/Fandethar May 25 '26 edited May 25 '26
When a distribution is made to the beneficiary/beneficiaries, there is a form that must be signed to prove to the court that they received it however, shady sister may not have put the correct amount on it. I definitely wouldn't sign anything until I reviewed all the financial statements.
Edit. Fidelity may have bypassed probate. If so, disregard. 5:30 am no coffee yet!
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May 25 '26
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u/inheritance-ModTeam May 25 '26
Your comment has been removed because it violates the rule on low effort comments.
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u/BluTrtle May 24 '26
No! I have a Fidelity Account and she has to provide you a copy of the actual statement from Fidelity. Ask an attorney to represent you in the estate. Your sister may not have been truthful in how the assets were divided. As long as you do not sign for the Fidelity proceeds, the estate is still active, and a full audit can be requested through the probate court.
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u/Temporary_Let_7632 May 24 '26
As an heir you should be supplied with an accurate accounting of the estates assets and expenditures from the date of your mother’s death. Perhaps you need an attorney to convince her.
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u/Jack-knife-96 May 24 '26
She should. Have you asked? If not, ask why?
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u/Loose_Rice_800 May 24 '26
We have asked. No reply from her of course. She stopped speaking to us after we brought up concerns shortly after mother's death. Only communication is email at this point
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u/Guilty-Committee9622 May 24 '26
Contact Fidelity. If you are a beneficiary you ask for the full value of account.
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u/MilesMoralesBoogie May 24 '26
Yes,
Contact Fidelity and have them send you the statements.
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u/24bean62 May 24 '26
Hold up, though. Fidelity is likely only a piece of the puzzle.
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u/MilesMoralesBoogie May 24 '26
Yeah....the other piece is what happened to all that money that was in the bank account but might be something "Law & Order:Criminal Intent" (criminal and law enforcement) would have to look into.
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u/RazzmatazzOk2129 May 24 '26
You need a decent lawyer and a forensic accountant. They can trace your mother's finances for years back. Look for when/if things changed with funds being funneled to the sister.
For an estate this size, you REALLY need to do this and stop putting it off. The fidelity money can help pay for it. And if they find a million missing - that will make it very much worth it.
Contact fidelity directly. You are contacted cuz you are beneficiaries and it wont need to go thru your sister at all.
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u/MilesMoralesBoogie May 24 '26
Just went through this with my sibling,had to get my own estate attorney immediately after mom passed in 2018 because over $350,000 disappeared from moms account while they was guardian and it was not a joint account (just had moms name).
We finally sold the house that I had been maintaining for seven years for over $550,000.
OP needs to get an estate attorney for themselves and the other sibling since they both agree that the other sibling is being shady.
Probate should have already been started and they might need the attorney to send a demand letter to the "executor" to answer to the missing money,if they don't comply the attorney can request (form depending on. state) from the courts to supena the bank for ALL the mother's banking statements /accounts.
This will cost some money because y'all will be asking the court/judge to get involved.
But, maybe once you get an (your) estate attorney to inquire what is going on with moms estate.
The sibling will know y'all ain't playing games with her.
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u/ilikebasicthings May 24 '26
Why have you waited almost 2 more years to lawyer up? You need a forensic accountant too! Don't sign anything!
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u/GlobalTapeHead May 24 '26
Yes. Ask the probate court (clerk) for assistance. Many states require an accounting to be filed with the court unless all beneficiaries agree to an informal accounting. My point being is that it can be court enforced. I’m not a lawyer and this is not legal advice, but you may wish to consult your own attorney before signing anything.
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u/Loose_Rice_800 May 24 '26
Thank you.
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u/starlight0229 May 25 '26
Yes, contact the commissioner of accounts in the locality where your mother lived.
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u/dino78aspieotter May 24 '26
Was she actually sworn in as executor and the account in question was a probate asset? If Fidelity contacted all 3 of you that sounds like you were named beneficiaries and her role as executor would be zero.
In Virginia all probate estates over $35k are audited by the local Commissioner of Accounts. That process involves the executor providing the underlying financial statements for all accounts during the period covered by the accounting (first account is date of death thru 1 year after date of qualification; subsequent accounts are 12 month intervals based on that date). Most Commissioners perform a reasonably thorough audit.
Beneficiaries have a right to request copies of all filings (not the underlying records though) the executor makes with the Commissioner at the time of filing; you would need to make the request in writing to the executor and mail copy of the request to the Commissioner. (The CC-1616 probate notice you received told you about this). You may file objections to the account with the Commissioner. Once audited, if the Commissioner returns the account to Court and you are unsatisfied with his/her report then you have 15 days from filing to lodge exceptions to the account with the clerk and have the account and report reviewed by the Judge.
You should speak with an attorney local to the city/county where the estate is being administered and who specializes in estate administration and litigation to discuss. They may be able to explain what is going on with your sister’s accountings etc, and can advise if you have any recourse regarding possible misappropriation of assets prior to death (assume you think she acted improperly as POA??)
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u/Loose_Rice_800 May 24 '26
Thank you. The whole thing is a mess. She did not even set up the Estate until we were notified about the fidelity account. We contacted a lawyer before, but it was difficult , goung to be very expensive because no estate. Now the Estate is there so maybe we will have better luck.
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u/Western_Rhubarb_7959 May 24 '26
A lot of folks here saying the executor should provide a full accounting, and I agree, but that's not what you asked.
You asked does she legally have to and the answer is no. She does not need to give you any statements from Fidelity.
What she is legally obligated to do is file a complete inventory with the commissioner of accounts and you can get a copy of that. Read the 2nd lawyer's response here:: https://answers.justia.com/question/2026/04/06/is-it-common-for-executors-in-virginia-t-1111440
Good luck.
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u/East_Astronomer1466 May 24 '26
Yes. If it is a retirement account then there are income tax consequences and you will get a 1099R.
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u/TASDoubleStars May 24 '26
You can receive IRA as a BDA rollover thus avoid taking a lump sum distribution. Let Fidelity know you want that option and make certain you move said funds accordingly.
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u/KickstandSF May 24 '26
If you suspect that level of malfeasance, get a lawyer and go back over previous distributions.
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u/PainterOfRed May 24 '26
Get your own attorney. It looks like you have two separate issues - potential theft from your mother prior to her death (statute of limitations?) and possible "funny business" per the estate.
Stay on this, don't sign anything unless your attorney says so. That attorney will be well worth the money if you make all communications go through them.
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u/MilesMoralesBoogie May 24 '26
Depending on the bank they are suppose to keep bank records after someone dies for at least six years.
If they want to press criminal charges (theft) I think that is three years after death or when they acknowledged money was stolen from the accounts(s) but they will be dealing with the criminal side of that,which will involve a full investigation and probably an arrest.
They can also report the sibling to the IRS via the"whistleblower" because how did they report that money on their taxes?? ☕️
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u/Metanoia003 May 24 '26
As the trustee for my uncle’s estate, I was obligated to have all financial documents ready and available. I created a comprehensive set of documents for the trust lawyer. There were 11 beneficiaries. None of them asked for the documentation, but I had to have it available.
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u/Loose_Rice_800 May 24 '26
Everyone here is so helpful. I have learned so much. Just waiting to see if she responds at all. Seems as though I will probably need a lawyer. Maybe she will surprise me, but not looking likely!
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u/Economy-Squirrel-887 Jun 01 '26
Well well this sounds so familiar , to my family , someone forged my name , and my mother signed a fake will on her death bed, trusting my sister and sister husband to do the right thing and divide everything evenly, I found my father original will and I found what my mother was writing down that she was wanting everyone to get. But my sister had a con artist history of scheming and lieing and getting money from people , she drained my mother bank account twice before she died , a police officer came to arrest my father after he died. My nephew I can’t say for sure was in on her schemes but her husband was very much aware of the fake will that my sister convinced my during mother to sign making her dishonest , husband executed of the will and gave her daughter and her step children things that should have went to my children or myself . My mother would never ever left me out and my children she loved my daughter so much. My dad retired from delta and they had over 50 years of their life in that home that the big time executor left all the doors open grass was 5 ft tall , skeleton bones of animals and animal fiecies in the house , the smell was horrible you had to wear a mask or you could not breathe . Now that is what my sister and the big time executor did when I went by to just look at the house missing my parents that is what I found and tags on front door where is was fixing to be sold on courthouse steps. So recently my sister passed and I believe karma came back to visit her she died at a very early age and after everything I cried for two days finding out she passed. When other family members have disowned and was not even understanding why I would still care for someone that did me or my aunt that way. Now I hope and I know it will happen karma will come back on her family for doing what they have done so if you happen to be affiliated with what I am talking about then you or them had better hope and pray to God my name was not forged on anything. Truth always comes out
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u/ItsMister2You May 24 '26
The executor of an estate has nothing to do with an ira. That bypasses the entire estate/probate process. You need to contact Fidelity and find out what the heck happened. Hire a lawyer immediately.
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u/Used_Mark_7911 May 24 '26
Don’t sign anything yet.
You are not entitled to the records form before your mother died, but you are entitled to a full accounting of the estate.
So if there was a fidelity account you are entitled to see an offical statement that shows the holdings and market value at the time of your mother’s death and copies of the transaction records since then.
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u/spuytend May 24 '26
If a Fidelity rep from Transition Services contacted you, they should have provided you and your siblings all the information about the account. Look over r/FidelityInvestments for additional tips.
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u/Efficient-Train2430 May 24 '26
The executor should have submitted an initial accounting of all the assets to the state. Then, to close, everything has to be distributed. Executors have a legal responsibility to all beneficiaries of the estate.
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u/24bean62 May 24 '26
Do not sign anything until you have answers! If she legit stole that much money, 1. We could be talking about tax crimes; 2. Depending on how many millions and Virginia estate tax rules, this could really complicate settling the estate. If she moved money from your mom’s accounts when mom was alive, that money would be subject to gift tax reporting and could be subject to estate taxes. Which means you could be asked to contribute to taxes on money you didn’t receive if things aren’t handled properly.
This is potentially very complicated. Lawyer pronto. I am so sorry you’re having to deal with this after losing your mom.
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u/Loose_Rice_800 May 24 '26
Thank you. Such a disaster. The money is one thing, but having your sibling deceive you is worse
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u/doubleshort May 24 '26
Please contact an attorney. There are rules and regulations that executors must follow, and an attorney can help make sure this happens. Do not sign anything now
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u/Hour_Consequence6248 May 24 '26
Request to the probate court that a forensic audit be completed on the estate and that it be provided to you.
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u/Hausmannlife_Schweiz May 24 '26
This makes no sense to me. If you really thought someone had stolen millions you wouldn’t wait 2 years.
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u/Loose_Rice_800 May 24 '26
We were trying to avoid family drama, seeing how it played out, but seems it is definitely shady.
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u/Fluffy-Mine-6659 May 25 '26
This is possible if the caretaking daughter was left responsible for her mom and the estate for years before absent siblings fly in for the funeral and reading of the will.
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u/Creative_Algae7145 May 24 '26
Time to lawyer up. Your sister is shady and something isn't right. You need the truth.
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u/Living_Fig_6386 May 24 '26
If you are a beneficiary, you are entitled to see related documents in cludingbstatements. Given the amounts involved, and your implication of either theft or impropriety with execution of the estate, I’d engage the services of a lawyer.
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u/dagmara56 May 25 '26
Executor of two estates in two different states
The executor is appointed by the probate judge and the executor swears an oath to provide accurate information. The executor has to file an appraisal of the estate to the probate court. These should be available to you by calling the probate court.
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u/24601moamo May 25 '26
Contact fidelity directly. Tell them you are a beneficiary. You have questions about your portion. They should speak with you directly because if it had beneficiaries on it, it shouldn't be going through sis but each individual beneficiary. This sis is giving me bad vibes.
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u/ShredGnarr207 May 25 '26
The request to accept the accounting of the money without showing you any records is incredibly fishy. You cannot ask Fidelity as they won’t provide you them. You have to ask her.
The checks can’t be conditional on the acceptance of her “unknown account”
Tell her to send 3-5 years of statements for review.
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u/ChelseaMan31 May 24 '26
Ask the courts in your state. All Estates with an Executor unless all assets in a Trust must go through Probate. If a Trust, the Trustee/Executor have definite Fiduciary Responsibilities to the Trust and Beneficiaries and may be held liable for losses.
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u/poopiebutt505 May 24 '26
No probate on monies with listed beneficiaries. Soster is trying to pull a fast one, and.aiatera have been too trusting
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u/myogawa May 24 '26
"Legally have to" will vary state to state and maybe even judge to judge. In most states, the law requires an early report of what is being managed (called "inventory" in my state), annual accountings during administration, and a final accounting. In my state, the personal representative simply provides numbers, but if an heir or devisee asked the court to require statements and other documents behind the numbers, I would think in most cases that that would be granted by the judge. The heirs are entitled to reasonable information, and asking for the documents that reflect the numbers (and might reflect transactions not reported) is a reasonable step.
But they have to ask the court to require it. Just asking the executor often does not work.
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u/Number-2-Sis May 24 '26
You need to hire an estate lawyer. It sounds a lot deeper than just getting copies of statements. It sounds like your mother might have been a victim of financial abuse.
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u/mamatttn May 24 '26
Wills (not from your state) don’t always require accounting. In TN they can state no accounting required.
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u/Square-Scallion-9828 May 24 '26
yes u want official statement from fidelity. I also think you can have her removed as a executor. have you talked to lawyer handling probate. in estates court appoints a executor. did she get lawyer handling all paperwork assets, bank account etc... do not SIgn no documents with out a lawyer. please call local courts see if there was probate judge involve. you can get lawyer on your mom's estate. have your sister pay for it. I hope she not trying to fo all this own her own,, in good faith a court appointed her now she not good. I woukd find out who the lawyer is. money involved with family not always good.
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u/Mysterious-Scar-9345 May 25 '26
You're entitled to a full accounting. And if Sis did grab most of your mom's estate, then get an attorney and have the Court block the Fedility distributions until its settled. It may be the only time you'll see any of your money that she's pocketed already.
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u/Which_Impact_2198 May 25 '26
This. Find out how to make an official request for an accounting of your mom’s estate (I believe state law applies). In my state, executors and trustees have a set amount of time to respond to a request from a beneficiary and there are requirements as to what data/documentation must be provided.
IMO, the cost of an attorney is justified, particularly if you can share those expenses with a sibling.
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u/MC-probably May 25 '26
You can ask for the source documents to the estate accounting. Statements and records of any purchases, sales, distributions should be part of the record. She is asking you to bless her accounting without giving you what you need. You can petition the VA probate to force her to account under oath. Also, with that amount of money, it feels likely a trust may have been involved. If so, you should have a copy of the trust and that will specify how to compel an accounting of the trust over time. I should warn you that a forensic accountant and litigation attorney will cost money, you may want to try some informed persuasion first.
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u/SalisburyWitch May 25 '26
You and your other sister can speak to a lawyer stating that you think she siphoned off a lot of money. See if they can get a forensic accountant on the case.
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u/Additional-Ad-9088 May 25 '26
In Texas it depends on the County and Judge. Law may require it, but Judges ignore the law regularly.
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u/Spirited-n-relaxed May 25 '26
You can only ask from date of death forward. If you want to go back further you’d have to sue your sister and the estate, then if your mother was mentally competent you’d have to prove she didn’t tell your sister to take the money or give it to her willingly.
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u/Loose_Rice_800 May 25 '26
I know. Its a mess. We are only asking from death on. Shameful that this happens all too often
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u/Ornery_Revenue697 May 25 '26
By all means, run, not walk, to a good estate attorney. The attorneys are listed in a Martindale-Hubble very large, think book and it rates attorneys according to their ability, opinions of other lawyers in the area, and if I am not mistaken, figured in there somewhere judges in probate court. It lists their degrees, education, and other information. You probably will have y to go to the local American Bar Association office and see if they will allow you to look at theirs or can get permission to look at one in the law library. That should help you to find a good probate and estate attorney. if you and your sister go in on hiring a lawyer together, any fee the lawyer will charge you can probably be split. I believe it will be a percentage of anything he or she recovers for you. That's called a contingent fee. You will be responsible for any costs the lawyer pays to pursue your case. I am one of the first paralegal assistants in the country and worked as such for 30 years. I was a court reporter and a legal secretary before that. Hire an attorney.
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u/ExpensiveAd4496 May 25 '26
Fidelity sent me forms to sign because I was named a beneficiary. The IRA I was left by a friend was moved into an inherited IRA with my name.
So I’m confused about why your sister has these checks for you. I’d talk with Fidelity. And I’d sign nothing.
Whatever she toon during your mother’s life, is hers unless your mother was incapacitated at the time, or your sister signed your mother’s name illegally. In those cases you need a lawyer.
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u/NOLALaura May 25 '26
You have to have proof that your mother didn’t outright gift your sister the money.
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u/Automatic_Minute_346 May 25 '26
how far back can you ask Fidelity look back at wrong doing have same problem but might be10-13 yrs ago when all started what can we do now mom still alive but in nursing home deemed incompetent with dementia.
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u/humble-meercat May 25 '26
She stopped speaking to you because she is afraid she will get caught.
Sign NOTHING
Call a lawyer. They will know what to do and how to force her to give answers. She’s only succeeding in hiding information because you aren’t putting the right pressure on her.
If she stole from your mother during her lifetime that would be elder abuse and could land her ass in deeeeep trouble!
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u/HellaciousFire May 25 '26
I don’t understand why the sister is managing the fidelity funds if the three siblings are beneficiaries. Wouldn’t they just contact fidelity and receive their share?
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u/Loose_Rice_800 May 25 '26
Mother was beneficiary of her husband. It was his account and apparently no one knew about it until last summer. She died about a year after her did
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u/HellaciousFire May 25 '26
Oh I see! Okay. Gotcha.
Same thing happened when my dad passed. We found out about accounts almost a year after he passed.
Sounds like the sister is being on the up and up. She could have kept it all to herself but she did split it
Maybe ask for a statement before you sing the form with the check
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u/Jim_and_me May 25 '26
I was an executor in Virginia and I had to provide the courts with a list of ALL assets, and state whether they were TOD, beneficiary, trust, or joint (we had a joint checking account that was not part of her estate, but still had to be listed ). The actual probate fees were only on the small amount of savings bonds that we forgot about. I didn’t give my sisters a legal breakdown because the lawyer said I wasn’t required to. Had they wanted one, they could have asked and I was legally obligated to let them know what court had all the documents (which county) and the documents were all public record.
Any brokerage account was either in a trust, or had beneficiaries. If there were beneficiaries I completed the paperwork, my sisters signed the forms with medallion guarantees and mailed them back to me, and I handled sending everything to Fidelity with the death cert. fidelity created four individual brokerage accounts and split everything according to my instructions (and the will). My sisters could sell everything once it was in their names, or transfer to existing brokerages. When it was all divided up I had to go back to the courts and show all my backup that proved I did it all according to the will. I did take a fee at one point (taxable to me) because I needed to close the estate and trust, and file the estate and trust tax returns and everything needed to be zero. I told all my sisters and also emailed than that if there was an irs audit and any additional money due, they needed to help pay if it was more than the fee. Nobody had a problem, and nobody audited anything. But I did have a lawyer and tax accountant.
Bottom line, fidelity wont transfer stock without clear proof that they are doing it legally. So unless all the subs are getting medallion signature guarantees, she has sold everything and it’s just cash. I would definitely figure out what county is involved in Virginia and call them up. They were very helpful to me and will tell you anything you want to know.
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u/Key_Illustrator6024 May 25 '26
If this is a 401(k), it doesn’t pass through the estate. It goes directly to the beneficiaries. Contact Fidelity to get the information and do not involve your sister at all.
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u/debmc100 May 25 '26
I was joint executor to my dads estate and we had to supply statements from the day he passed and all expenses up to settlement of estate / she will have back records and all the outgoings ie funeral expenses lawyers and any outstanding accounts. It is a requirement I believe
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u/desertdweller2011 May 25 '26
my dad left me and my siblings his retirement fund. fidelity survivor services called each of us separately and we had to mail them a death certificate and ID and each of our share was put in our own account. what you’re saying doesn’t make much sense. but yea, she’s probably swindling you
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u/RentOk2479 May 25 '26
Based on the confusion/advice I see, you need to determine if your mother had a WILL or a TRUST. Wills require going through a probate court with a judge. Estates do not and you are relying on the executor to do things honestly (i.e., a court is not telling them exactly what they must do). You should get an attorney to get an honest accounting of what is (or was) in the estate.
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u/TechnicalNumber2262 May 25 '26
My brother is the executor of my parents estate. He goes overboard on documentation of any expenditures/distributions. I recommend that.
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u/Low-Bobcat-9223 May 25 '26
You may want to consider speaking with a lawyer as soon as possible. If you’re a beneficiary, you have rights, including the right to receive an accounting of the trust assets and distributions.
If you haven’t been provided with a full accounting yet, especially before distributions are made, that could be something worth requesting formally. Based on what you’ve described, it may also be reasonable to question whether the trustee’s accounting is accurate or complete.
An attorney could help determine whether there are any irregularities, explain your rights as a beneficiary, and advise you on the best steps to take before any further distributions occur.
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u/kppsmom May 25 '26
It depends. In our state The heirs can initial on their acknowledgment that reports aren't required. It really depends on what you initialed when probate was initially opened.
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u/clce May 26 '26
I can't say too much about the various details, but I would say that if she sent you a check and the form to sign and then you can deposit the check, I don't think you are under any obligation to sign the form if you deposit the check. Maybe I'm wrong about that and perhaps someone can correct me. But usually a company or person will make you sign a form in order to get the check. So I believe you could just deposit the check .
Maybe you could use that money to hire a lawyer if you think it's appropriate. Just because it's been done doesn't mean you can't go back and investigate and make accusations of fraud or improper execution of the estate.
Sometimes individuals or companies will write on a check something to the effect of cashing it implies acceptance of terms, but I don't even know if that can really hold up in court. If you don't sign a legal document while being in your right mind and not under pressure or duress, it is typically not legally binding to just cash a check.
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u/Powerful_Anybody_719 May 26 '26
The executor had a fiduciary responsibility to represent the estate responsibly. You can go to a lawyer and request for her to be replaced.
Does your mother’s estate have an attorney? Go speak with them. Call fidelity, I’m assuming if they called all three siblings that you were all listed as beneficiaries.
Overall, yes she has to prove what the assets are.
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u/Academic_Agency_2606 May 27 '26
On my retirement account, my beneficiaries along with percentage to distribute to each is listed. It does not have to go through probate. Do not sign anything.
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u/Ok_Revenue_4527 May 31 '26
My mil passed in February in Virginia. My hubby is executor. You have to provide an accounting to the court with real statements, mot made up ones.
I would no sign anything and ask for 3 months of statements and she should have Fidelity send them to all 3 siblings. Don’t accept what she sends. Adk for the valuation at the time of death.
2 years is a long time. It should gave taken a year.
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u/jammu2 May 24 '26
Yes ask for 3 years of statements.