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09-24-2019 02:24 PM
@chiclets wrote:
This is why she was asked, at the very beginning of this thread, to learn of all the accounts the father had.
She responded he only had the checking account with 4 signers, and an insurance account.
Unfortunately she did not, to my knowledge, have that account closed and an Estate Account established.
It was her responsibility to notify anyone if they were beneficiary of any account, and whether they were the only one on an account. Clearly she seems to believe that because her brother and her are both beneficiaries that means it refers to all. We do not know if there were any particular beneficiary accounts, maybe there were not. We do not know who watched over/controlled the checking account before his death. We do not know if anyone purchased a life insurance policy for him and is the sole beneficiary of the policy.
An institution would answer general questions regarding accounts but specific questions would need to be answered by proving who you were with regard to the account. The SIL could not call but the brother could.
The SIL is very savvy. Vacationing in Florida is good. The brother is there and the sister can not have a face to face talk with him. The SIL is obtaining and getting information regarding the estate and rights of her husband and how to get any money.
hyacinth003 is emotionally a mess. She is doing her best and has been always wanting to do right by her brother, and is very sincere about doing so. I told her I would give no more input on the matter but when I read the latest news, I was not surprised. I sincerely wish her the best.
I did not close the account yet under the advice of the attorney - that's it.
He did have other financial accounts, and I am dealing with those (read my other post) to get my brother his share as a beneficiary. I lived through an Estate mess with my husband, and studied about it A LOT. I understand fiduciary duty as an Executor, and will act accordingly. I have been open and honest (and informative) to MY BROTHER. I am working as hard and fast as I can to get her HIS money.
Hyacinth
09-24-2019 02:26 PM
@hyacinth003 Good for you! You certainly know what you are doing and need no advice from any of us. You are doing your job and quite well. It is support I wish to give you and to cheer you on this emotional journey. Bravo!!!!!
09-24-2019 02:31 PM
@Somertime wrote:@CrazyDaisy There is a Trust and she is the administrator of the Trust. She is not speaking of insurance policies but financial institutions which could encompass a 401K, etc. and the insurance policy could be included within the Trust. As Administrator of a Trust, she has the same fiduciary responsibility as if it was a will.
There is a will which lists the trust. She wears two hats......one as Executor of the will and one as the Administrator of the Trust. She is well schooled in both and certainly within her rights. Her SIL has no rights whatsoever in either the Will or the Trust. The SIL's interference is against the law.
Yes, there is a Will and a Trust. I am sole Executor and sole Trustee of the Trust. He has an account that is under the Trust. Only I can get it released as the Trustee. And there is another account that they won't release until they release what's in the Trust. So I have to do it all, and I understand this. She doesn't understand this stuff. So she claims they can just get HIS part without the documentation they have informed ME they need.
There is NOTHING other than what I am already handling. She loved him like a daughter, yet his daughter isn't chomping at the bit for his money but she is. I am so sad about losing my dad that I feel sick to my stomach most of the day.
Hyacinth
09-24-2019 02:51 PM
@hyacinth003 I would imagine that your brother is having to listen to his wife go on and on about his dad's estate and how you are handling things.
I hope it's an eye opener for him. He has to be greiving as well and then to have to listen to his wife...
09-24-2019 03:10 PM
I think you are handling all of this better than I would be.
When you go to clean out the apartment, take pictures of before, after, note what you took and what you gave away and to who.
I just know this part is going to bite you in the butt on the back end even though your brother expressly stated for you to do what you want.
09-24-2019 04:32 PM
Reading all this makes me glad we had an only child.
09-24-2019 10:16 PM
@CelticCrafter wrote:Reading all this makes me glad we had an only child.
My daughter says this a lot! She says she's glad she is an only child.
I have always liked having a brother, but she doesn't know what it's like to have a sibling.
Hyacinth
09-24-2019 10:46 PM
I have one of each. Some days I wouldn't trade them for the world. Other days I would pay you to take them. Lol
09-25-2019 09:02 AM
You are much kinder to her than I would be at this point.
I probably would have said something like - I have told you several times already that I am the Executor and that you are not. I know you are upset that you were only able to write checks for $14,000 to pay off the corvette etc. before he died and you wish now that you had just cleared out the entire account, but that ship has sailed. Now you will just have to settle for half of what is left. Do NOT contact me again.
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