Confused........ - Page 2

Thrive · ‎08-03-2011

Thank you

Kachina624 · ‎03-10-2010

A trust doesn't have to be probated, that's the big advantage to having one.

New Mexico☀️Land Of Enchantment

GCR18 · ‎07-03-2013

@Kachina624 wrote:
A trust doesn't have to be probated, that's the big advantage to having one.

Definitely. My father firmly believed in them. He got sick and passed though before he finished putting everything in the trust's name. So I had to still do probate for a few odds n ends.

Drythe · ‎07-09-2011

@Furry wrote:
I don't feel that I would be cheated. I feel that I would be controlled. I wish that our situation was as simple as yours. We still have the house and all of the contents to deal with as well as medical bills and general bills to take care of. The entire thing is exhausting just to think about.

@Thrive

I am so sad for your loss. My Dad is thankfully still with me. However, when the day comes I am his executor, and beneficiary. I know I'm going to be acosted by a very greedy and demanding cousin.

As there is real property, (house, contents, etc.) and bills involved I believe everything must go through probate first. However, many such issues regarding wills vary by state.

While your sister no doubt has good intentions, it might be worth your while in terms of peace of mind to pay for an hour of an attorney's time, take the will and get his opinion and advice.

"Animals are not my whole world, but they have made my world whole" ~ Roger Caras

151949 · ‎03-09-2010

I would speak tpo an attorney - it sounds like she is trying to pull a fast one. Usually people want to just get all the funds properly distributed as quickly as legally possible and get it over with and if that isn't what is going on it sounds fishy.

Drythe · ‎07-09-2011

@151949 wrote:
I would speak tpo an attorney - it sounds like she is trying to pull a fast one. Usually people want to just get all the funds properly distributed as quickly as legally possible and get it over with and if that isn't what is going on it sounds fishy.

"Animals are not my whole world, but they have made my world whole" ~ Roger Caras

gabstoomuch · ‎03-16-2010

She is the executor, and unfortunately, that means she calls the shots. If it is a will, she just has to follow it through as written. It IS a lot of work.

A trust is much easier to take care of as nothing has to go through probate. But that does not seem to be the case here. If he added her name to all his accounts and any home he may have had then she just gathers assets, pays final bills, closes out his life and distributes the excess exactly as he wrote it.

Just ask for a copy of the will so you know what is written. If you see something amiss in the way she executes and you are not happy, you can contest the will.

A contested will can cost a lot of money and in the end causes lots of hard feelings (usually).

If she wants to do it herself, let her. Just have a copy of it and make sure she is following your Dad's wishes. You DO have a right to ask any executor any question you want. She has to answer you.

Does she have to be nice about it? No.

Sweetbay magnolia · ‎04-14-2013

Similar thing happened to me. It was really frustrating when a family member seemed to confuse emotions and their interpretation of family history with their fiduciary responsibility.

I did what I could to stay apprised of the situation; after all, I was entitled to my portion clearly and legally. I had to work a little harder than necessary to get what was mine, I felt, but I looked long and hard and found that, eventually, I would (receive my portion) because there were other forces in play besides the executor's "will". I got to know the legal and financial people who were hired to construct the original trust document, as well as the document itself. I'd brush up on estate law in your location.

Stay on top of the situation. In my case, some of the "control" my relative tried to exert was a result of confusion about the process, and being overwhelmed with their life in general. Couldn't seem to think rationally when the terms were right there in black and white.

Sorry about your loss.

Cogito ergo sum