My Brother died June 20 /02 His daughter is handling things and
keeping everything a secret,she did say though that he left a CD for
70.000 to a 15 yr old boy.They are fighting this,I didn't get to see
it..I wonder if it is for someone else,like me,she did say one is for
under 20.000 for me,but I have never heard another word,How would I
find this information....She ,his daughter lives in Fla and he died in
Brunswick,Ohio,the attorney is up here handling this...I live in
Rayland,Ohio

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Clarification of Question by liftleghi-ga on 03 Sep 2002 18:49 PDT

I am sorry I neglected to tell you,he didn't have a will.The oldest
daughter is handling it all,went through all his papers and found CD's
and so on...but is fighting desperately to keep whoever he left the
70.000 to from getting it.said there were 401K's and other things,but
she couldn't make out who were beneficiarys...wouldn't it have been
stated on the documents.....any other Ideas please....

Sorry to hear about your brother. Did you try calling the probate
court in Medina County, if that's where the will is being probated?
The number is (330) 725-9703.

Has your niece been officially appointed as executor of this estate?
In most states, if there is no will designating an executor, the court
appoints one to ensure the fair distribution of the assets.

I don't know the answer to that,since she is his oldest daughter,I
believe it is understood that child(45yr) would be named
executor.Regardless she has got an attorney,she tells me working out
things,she has sold his automobiles,his home,and all belongings,and he
has only been gone since june 20...He owed no debts..Says she is
legally responsible for his business...Who would name her
executor???Is there anyway she can stop payment to an heir,with his
signature or bank/co signature on it...I was under the impression
whoever is a heir would get what he has designated..altho' she has
said there is no way she is letting that 70.000 go,no matter what she
has to do,Is there a way I can locate her Lawyer...or is that
proper???or legal...??? thank you so far for your interest...I just
don't know the in and outs of this situation...How could I find out if
she was named executor for sure,does it go through court also???? she
sold the auto's a few days after he died...Is that legal,anyway she
did!!!!But I need to know how in the world she would stop heirs from
their inheritance...

Sorry about your loss.  I'd talk to an attorney myself, if I were you,
rather the the Google Researchers, as nice as we all are :-)  You need
someone who specializes in these matters.  And please don't think "oh,
I can't afford a lawyer".  If your brother left you $20,000 and you
never get it, you've lost more than the attorney would cost.

Good luck!  And - if you haven't made a will yourself - please do so. 
You can see what problems not doing so causes by looking at the
problems caused by your brother not having done so. Even if you have
very little,  a will saves a lot of 'bad will".

If a person dies without a will, or intestate, all intestate property
is disposed of according to state statute in probate.  The court will
have hearing and appoint a person as executor (this person is
designated by state statue, but can be contested).  It is only when
this person has been designated as executor that they can begin
disposing of property.  Usually the executor will have to post a bond
(unless waived by will, which you said there was no will).  To dispose
of property the executor must have a court order.  Not all property is
subject to intestacy statutes.  If there is a property in jt tenancy,
acounts with a survivorship benefit or payable on death provisions
those do not go through the probate process.  (Perhaps these CDs have
a POD provision).  If your brother did not have a will, then the niece
must have been appointed as executor by the court.  Your question
seemed confusing, as you say that heirs are designated things, but
there is no will.  Heirs are designated by state law, and take in the
decedent's estate according to state law.  Your brother's intent will
have little to do with this if there was no will.  My advice is to
contact an attorney.  If there is a will, that will govern (unless
illegal). If there is no will state staute governs.  If there is no
will, your local probate court will have hearings on the distribution
of all property.  It will be in the open.  My advice, as a law
student, is to contact an attorney.  The money, and potential bad
feelings justify a minimal expense of an attorney.  You can go to
www.martindale.com to find an attorney in your area who focus in
estate planning.