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i was named executor of my friends will

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my friend left everything to me in his will. it was notary my friend left everything to me in will and i am executor. it was notarized and 3 witnesses, but his sister went to bank and after 30 days the bank is giving her the money

Edited by Findlaw_FN

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Did you take the will to the Courthouse near where your friend lived before he died, hand the will to the clerk who handles probate matters, ask to be appointed executor of the estate, and take your appointment papers to the bank?

A will is just a piece of paper until it is proven to be the last will of the deceased. That is what "probate" means.

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my friend left everything to me in will and i am executor. it wasnotarized and 3 witnesses, but his sister went to bank and after 30 days the bank is giving her the money

 

I can think of two ways that could have happened.

 

1 - It was a joint account with him and his sister as joint owners which means it bypassed probate and went directly to her or she was listed as a beneficiary which also means that it bypassed probate and went directly to her.

 

2 - She beat you to the punch and opened probate under intestacy and got appointed representative of the estate. If she was the only living relative and your friend died a while ago she could have gotten the money that way.

 

You can check the probate court to see if Number 2 happened.

 

If it didn't then Number 1 is more likely and once you get appointed by the court you'll be able to confirm that with the bank.

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Is there a phrase in the will that disinherits this sister and/or other family members?  My question is not really relevant, I was just curious.

 

The bank may not know that there is a will.  If the bank is assuming that this is an intestate estate (meaning no will), then by Arizona law the siblings can inherit if there is  no surviving spouse.

 

You need to discuss this with an attorney IMMEDIATELY so you or the attorney can be proactive and take steps to claim this money for the estate before the bank pays it out.

 

Bills will need to be paid first but you get what is left over.

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You may want to clarify your post by A LOT instead of expecting folks to offer speculative responses/info.

I imagine that her name is on the account as pay on death beneficiary or as joint owner. If the latter, you need local counsel to figure out whether you have viable basis to seek to pull back into estate pot. Requires getting a hold of account paperwork and examination of state law take on specific circumstances (not necessarily in that order).

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his sister went to bank and after 30 days the bank is giving her the money

 

Went to what bank?  Giving her what money?  Why did the bank give her money?  Did you call and ask someone?  How about calling her?

 

And what is your question?  You didn't ask one.

 

I assume your friend had an account at the bank in question.  However, determining whether your friend's sister had any right to any money in the account is impossible based on your post.  If she was named as the pay-on-death beneficiary or was a joint owner of the account, the money in the account passes to her, and the terms of your friend's will are irrelevant.

 

Query whether you have started probate for the estate.  Just because the will nominates you as executor doesn't mean anything by itself.

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