Off topic but need legal advice concerning a death in the family

[mommy of three]

Dear Soc,
Here are as many facts as I can give you now.  My mother passed away suddenly last week.  She lived in a house that was owned by my grandmother who also passed away 2 years ago.  The house was in probate because my grandmother left no will.  My mother was named executor of the estate.

I spoke with the probate office who told me that since my mother had passed away, I was entitled to her half of the estate.  My mother has one brother who is entitled to the other half.  My uncle seems to think he is entitled to the entire estate.  I don't want to stir up any trouble with him but my mother had no life insurance and the funeral has to be paid for somehow.

Some of my family members and my mother's ex husband also told me that my mother had stashed some money away and that I was named beneficiary on the account.  I have found no records of any accounts in her home but my uncle has taken most of my mother's documents out of the house.  

Questions:
1.  Since I am entitled to half of the estate, how do I go about excersising my rights?
2.  If the house goes through probate again, how is an executor named?
3.  If there is a bank account or trust with money, how do I find this account? (I live in a different state)

Thank you in advance for any advice you can give me.  

[socrateaser]

>Questions:
>1.  Since I am entitled to half of the estate, how do I go
>about excersising my rights?

You should go to the probate court and ask to be named executor, and further ask for a temporary order demanding that your uncle immediately provide you with the documents that he has removed from the premises.

>2.  If the house goes through probate again, how is an
>executor named?

The court will accept applications. Your uncle will undoubtedly attempt to gain the position. You need to get off your butt and file a motion to be named executor.

>3.  If there is a bank account or trust with money, how do I
>find this account? (I live in a different state)

Get a court order awarding you authority to access any and all accounts to which your mother and grandmother had interest in, and then contact every financial institution and ask if they have an account matching your mother's/grandmother's SS#. Also, you can contact the IRS and get transcripts of tax returns.

PS. Someone will need to file the final returns on your mother and grandmother.