Community Chat

[Anniecamp]

KathyPet, I agree with you. Some people do have a lot of crust. H's description of him sounds quite accurate.

[Qwackertoo]

Sounds like Brother #1 has miserably failed in performing his legally bound and enforceable by law duties to the estate in his fiduciary capacity as co-executor and should be held financially responsible and accountable . . . hopefully the judge will throw the book at him with the power of the court & laws . . . IF not for anything else other than punishing him for tarnishing the memory of all four sons father (and Mother) estate after their deaths.

Only time I've ever been called for jury duty was before I had kids . . . estate case . . . they sent us out to lunch and in the meantime they settled. Guess we the jury didn't appear too sympathetic to one or the other party or both and they got busy and settled.

[hyacinth003]

On 1/2/2014 KathyPet said: ITA that brother 1 should pay since it was his failure to execute his responsibilities as executor that caused these fees to be incurred by the other co-executor. I cannot believe that brother 1 actually called your DH and wanted him to back the removal of the other co-executor after he was the one who caused all the delays. I would have loved to have been a fly on the wall during that conversation. What did your DH say to him??

He told him there was no way he was going to do that. He said dad named both of you, and I am for honoring that.

They got a new "proposal" by #1 today. That the estate pay $20,000 of his legal fees and $20,000 of #4's legal fees. That would leave #4 about another $40,000 of fees to pay on his own. Yes, they've spent that much. Remember, the "Estate" is his brothers.

#1's attorney said "he's busy" for January, so he wants to push this mess into February. #4's attorney told him that was not acceptable.

The thing that astounds me most is that NO ONE gives a care about the supposed beneficiaries of this Will and Trust. Which is what being a Trustee is all about - putting the interests of the beneficiaries (fiduciary duty) before your own.

Hyacinth

[Lindsays Grandma]

On 1/1/2014 KathyPet said: hyacinth, I remember reading your prior posts about your brother in laws actions in this matter. If I recall one of the brothers who was also one of the estate's trustees did not want to sell your father in laws home and refused to provide a accounting for any of the rental income that the property had generated or disburse any of the income from the house rental to the beneficiaries of the estate. If I recall he wanted to purchase the house himself once the sale of the house was ordered and he wanted to buy it for substantially less than the market value. I can't believe that this is still dragging on.

I remember this too. If I am remembering correctly there is one brother who is greedy and has created a nightmare out of who gets what. This happens all too often in families.

[Qwackertoo]

Considering that basically NOTHING has moved with this situation in going on over 2 year, didn't FIL die in 2011, now it is early 2014, house on market June 2013 and sold in November 2013 . . . and EIGHTY THOUSAND dollars have been "spent" on attorneys and that is all that has been accomplished? @ 300.00 an hour that equates to about 266 hours spent by various attorneys (number 1 and number 4 brothers).

The attorney's are really "milking" this estate. It seems really high unless there was a business associated with the estate that required this much "legal work".

What else have the attorney's accomplished after 80K and possibly 266 hours @ 300.00 an hour?

My sister's husband had the unfortunate experience to a similar sibling struggle for power/money after the death of his parents. It was finally settled a year or two ago. It went on for about 5 years. One brother, the one who lived with Mom until her death, wouldn't move out, wouldn't do anything, until forced by judge to get out. Still, I think legal fees were less than 10K and it too was multi-state with siblings in CA, TX and WY. I think.

Crazy. Good luck. You'll definitely have to return and let us know the final ruling & outcome of this unfortunate situation.

edit typo

[ROMARY]

I don't know how many times (many) that I've said that sometimes it's best to have an honest attorney handle everything than for just one sibling (or relative) to be in charge. Really, sometimes the cost of an attorney handling an estate is much less than fighting and squabbling with a sibling or relative in charge, running up all kinds of bills from attorneys from each and all of the heirs involved. And don't forget, if the attorney isn't doing her/his job properly, the family, as a whole, can contact the state's bar association, which will remedy the situation for you.

[Linders Back]

PLEASE, if you are reading this thread, DON'T LEAVE THIS KIND OF MESS FOR YOUR FAMILY WHEN YOU DIE. If you love them and want them to have your money and your possessions it is up to you to plan ahead.

See a GOOD attorney and write a will, put your assets in a trust that will bypass Probate, and earmark "things" that people want with their names on them so they pass directly to them at death. Talk to someone who is especially versed in Estate planning.

Anything else just basically means you are leaving your estate to one Uncle: SAM, and to a bunch of lawyers.

[KathyPet]

Does not seem at all fair to me that brother 4 should be responsible for $40,000 of atty's fees which will come out of his share of the estate when he only incurred these expenses in his role as co-executor in order to force Brother 1 to move forward with the estate settlement. brother 1 seems to be getting off the hook with him responsible for no fees when all of this was his fault.

[Linders Back]

The horse is out so just shut the barn door and take your losses. The attorney should be paid from whatever is left of the estate (presuming all has not been squandered in this debacle yet) and the remainder divided among the heirs. NO ONE should have to pony up any money out of pocket. The estate is supposed to pay all its expenses.

[ennui1]

On 1/3/2014 Qwackertoo said:

The attorney's are really "milking" this estate. It seems really high unless there was a business associated with the estate that required this much "legal work".

What else have the attorney's accomplished after 80K and possibly 266 hours @ 300.00 an hour?

Every time you talk to an attorney, the meter is running. It's amazing how quickly their fees add up to staggering bills. Every photocopy, every phone call, every court appearance, every email. *kaching*

It's like watching the numbers on the gas pump.