topic Re: Would you believe him? in Among Friends

Would you believe him?

hyacinth003 — Thu, 19 Mar 2020 07:04:59 GMT

I am writing about being executor of my dad's estate. I am asking would you believe my brother's answer to documents I asked him about.

I have done my very best NOT to bother my brother about the estate. I have only contacted him when I needed something from him to get HIS money.

I received some documents that maybe came to me incorrectly. But all mail with my dad's name is being forwarded to me.

I got a couple documents from an insurance company. It was addressed to "estate of Hyacinth's father." But the address on it was my brother's. It was about a policy that was worth about $10,000. "Owners" were listed as my dad and my brother. It had my sister-in-law listed as beneficiary. The current value was 0.00. It had a letter and an official IRS document saying the $10,000 amount with $95.00 withheld as federal income tax.

I scanned them about 2 weeks ago and sent them to my brother, asking him what this was. Since there was a tax document in my dad's name and social security number, I was wondering if this was pertinent to my dad's taxes, which I am responsible for.

It took him about 10 days to answer me. He wrote that he had no idea what it was. And since I "made it clear I am executor" that I could figure out what it was. He added it was worth 0.00, so who cares. I guess it took his wife that time to come up with that.

Should I believe him that he knows nothing? If not, should I call him out on it or try to investigate it (as executor) through the insurance company? Another thing to up my feeling awful and stressed.

Hyacinth

Re: Would you believe him?

Sheila P-Burg — Thu, 19 Mar 2020 07:40:22 GMT

@hyacinth003 .... You might be the executor of your Dad's estate but you should still have a lawyer. I do not mean to come across as rude but your post makes it iclear you are confused about certain things and should be getting qualified expert advise.

If it had an official letter and document from the IRS I definitely would not ignore the documents. If you do not want to contact a lawyer I would advise contacting a tax person.

I would not contact your brother. All that will accomplish is more bad feelings.

Re: Would you believe him?

hyacinth003 — Thu, 19 Mar 2020 08:02:08 GMT

@Sheila P-Burg wrote:

@hyacinth003 .... You might be the executor of your Dad's estate but you should still have a lawyer. I do not mean to come across as rude but your post makes it iclear you are confused about certain things and should be getting qualified expert advise.

If it had an official letter and document from the IRS I definitely would not ignore the documents. If you do not want to contact a lawyer I would advise contacting a tax person.

I would not contact your brother. All that will accomplish is more bad feelings.
@Sheila P-Burg

I have a lawyer, and I will take tax documents to an accountant. I think an accountant would ask ME what this is!

My sister-in-law is furious that I am named as the only executor. My concern is that taxes may be owed, and I am not going to pay taxes for my brother. I can probably get the info from the insurance company, as they included a paragraph for an executor. I have a guess what it might be.

I am close to finishing the estate. I believe I have one payment due for it, and I need to know what federal and state taxes to pay for 2019 on my dad's income. There is a Trust (I am only Trustee) that I had taxes taken before they sent me the proceeds. My brother will be owed half after filing the tax form. The rest is a checking account that I will pay any taxes with. After any expenses are taken from that, I will disburse to him what he is owed. I have decided to take an executor fee, even though I had never planned to do it. They have treated me so badly and took monies from my dad that I believe they shouldn't have. I have so much not wanted to lose my brother in all this.

Hyacinth

Re: Would you believe him?

Sheila P-Burg — Thu, 19 Mar 2020 08:10:26 GMT

@hyacinth003 ..... Your lawyer and any tax accountant should be able to understand the documents you are describing.

Re: Would you believe him?

sissel — Thu, 19 Mar 2020 08:54:01 GMT

Seems your brother has taken control, if he is legal executor (has to be witnessed or have some document) he has the right after death to collect 10% of his estate if it is documented. Keep an eye out my brother had it all but told him take 10% is too nice to even do it. executors have the right to collect.

Re: Would you believe him?

Lilysmom — Thu, 19 Mar 2020 09:40:57 GMT

@hyacinth003 , you should probably contact the insurance company for an explanation. They will probably want proof that you are executor. I would take their explanation as corroboration (or not) as to what the documentation means. LM

Re: Would you believe him?

Shanus — Thu, 19 Mar 2020 10:19:02 GMT

@hyacinth003 This issue w/ your father's estate and differences with your brother has been coming up here for awhile. I agree you need legal advice. If the attorney thinks you also need tax advice, he can refer you to an accountant.

Re: Would you believe him?

itsmagic — Thu, 19 Mar 2020 11:30:19 GMT

If I were you I would first call the insurance company and see if they would explain it. Then run it by the attorney.

Re: Would you believe him?

jackthebear — Thu, 19 Mar 2020 11:48:29 GMT

you need a lawyer

Re: Would you believe him?

Tribesters — Thu, 19 Mar 2020 12:00:05 GMT

@hyacinth003

I'm clueless in legal matters but if the current value is zero is that because the $10,000 was already paid? It sounds to me like a check was issued & cashed with $95 federal tax withheld. If the policy were cancelled or something why would federal income tax be withheld?

Re: Would you believe him?

msgb — Thu, 19 Mar 2020 13:24:07 GMT

You need to speak to an attorney who specializes in estate law.

Re: Would you believe him?

LindaSal — Thu, 19 Mar 2020 13:35:49 GMT

I believe if you're the executor of the estate, you are in charge. Sounds to me like he may have helped himself to the insurance check. The insurance company may not give you any information since you were not listed as a beneficiary, this is most likely seperate from the estate. I would proceed with caution. i know a little as my husband is the executor for his late fathers estate. ITA with others, ask an estate attorney.

Re: Would you believe him?

jackthebear — Thu, 19 Mar 2020 13:39:01 GMT

@msgb wrote:
You need to speak to an attorney who specializes in estate law.

100 % your brother doesn't seem to care about you.

you need to think about yourself, trust me you won't be the first person to come to an estate law lawyer with a similar issue they see it all the time

think about yourself

Re: Would you believe him?

RetRN — Thu, 19 Mar 2020 13:42:22 GMT

I would not believe a word that comes out of the mouth of your brother or SIL.

Re: Would you believe him?

DrakesMomma — Thu, 19 Mar 2020 13:52:28 GMT

@hyacinth003 - I have no advice to offer. I am so sorry you have to deal with this in addition to the loss of your dad.

When my nephew died a counselor from an organ donation organization told me that death brings out the best in people or the worst. It is clear where you are in this.

Sending love for you

Re: Would you believe him?

Imaoldhippie — Thu, 19 Mar 2020 13:53:27 GMT

@hyacinth003 .............for all the trouble you are still having please take our advise and hire a lawyer. It will save you a lot of time, energy and grief. Let the lawyer be the bad guy to your brother. I dont understand why you are still trying to do this on your own.

Re: Would you believe him?

Love my grandkids — Thu, 19 Mar 2020 15:46:20 GMT

@hyacinth003 Your post sounds very much like something you posted quite some time ago. Guess this is still ongoing.

YOU NEED A LAWYER.

Re: Would you believe him?

Snooky60 — Thu, 19 Mar 2020 15:53:34 GMT

@hyacinth003 - when I was an executor, the attorney did this kind of thing for me. He wrote letters using his letterhead, of course. Good luck. Doing this is never easy.💗

Re: Would you believe him?

Carmie — Thu, 19 Mar 2020 16:02:06 GMT

It looks like your SIL inherited the $10,000 and taxes were taken out. She would be responsible for the taxes, not you.

Your father is deceased,and his estate is not responsible for paying income taxes for money the beneficiary received.

I think it is odd that your father would leave his daughter-in-law money...I have this checked out.

Re: Would you believe him?

Sheila P-Burg — Thu, 19 Mar 2020 16:08:23 GMT

Since when do you only pay $95.00 tax on $10,000?