Estate question - anyone know?

hyacinth003 · ‎03-12-2010

My late father-in-law's Estate is still not settled since 2011. My husband's brothers have done anything and everything to mess it up.

The new status is that the house was closed on about 5 weeks ago, and brother #4's attorney has the funds. Now, they are fighting over who pays legal fees. They don't care if my husband, who never had an attorney, pays for part of their fight. I am guessing around $75,000 in legal fees have been accrued. We were told this would be settled right after sale of house, but it's been 5 weeks and nothing.

Here's my question. Brother #1 has been in possession of my mother-in-law's jewelry that was supposed to be distributed among the 4 brothers. He had refused as he didn't like the concept of a totally blind drawing, and wanted each "brother" to pick a favorite piece first. Well, my husband and another brother aren't there to see it, so we felt it more fair for it to be totally blind (drawing lots). We were going to give it to my daughter anyway.

Brother #1 now claims he CANNOT FIND the jewelry. If he continues to claim this, how is he held responsible for it? No one could really say it is worth $100 or $100,000 since it's "missing."

The jewelry is a side issue, but this guy has gotten away with all these delays and splitting up of the family. Just one more thing.

Hyacinth ${#emotions_dlg.confused1}$

mgm2 · ‎09-15-2012

All of the brothers will have to split the Attorney fees ------- the brother who ""misplaced"" the jewelry will have to be sued by the other brothers.

Sushismom · ‎03-09-2010

Having watched my father's family go through something similar with my grandfather's estate and seeing all the bad feelings that went along with it, my question would be is it worth fighting over? Is it worth all the aggravation? Is it worth the stress? Sometimes it's best to back out.

hyacinth003 · ‎03-12-2010

There's another option about the legal fees. Yes, they can all be ordered to pay.

Since brother #4 feels all the legal action was caused by the misdeeds of brother#1, they can go back to court and request that. So, they can request that #1 pay most or all of the legal fees.

Of course, he will refuse both sharing fees and paying them himself. So, there's really little other option at this point.

#1 has called my husband to ask him to join him and #3 to oust #4 as a Trustee and make him pay all his fees (which are the great majority).

All this is is more selfishness, delay, and money spending. No one has ever cared about the beneficiaries, which is the solemn job of the Trustees.

Hyacinth

hyacinth003 · ‎03-12-2010

On 1/1/2014 Sushismom said:
Having watched my father's family go through something similar with my grandfather's estate and seeing all the bad feelings that went along with it, my question would be is it worth fighting over? Is it worth all the aggravation? Is it worth the stress? Sometimes it's best to back out.

I doubt anyone will bother in the end about the jewelry.

Brother #1 will get away with it in the end probably.

I will add that the family is totally split up now, so there's no saving it no matter what.

Hyacinth

mgm2 · ‎09-15-2012

If this keeps up, the inheritance will be minimal because of all the infighting. Please look at "Sushimom' s advice...again.

hyacinth003 · ‎03-12-2010

On 1/1/2014 mgm2 said: If this keeps up, the inheritance will be minimal because of all the infighting. Please look at "Sushimom' s advice...again.

Doesn't matter what I want.

The two "trustees" are going to do what THEY want. That's what has been so hard about this situation - no control or real input.

Hyacinth

Linders Back · ‎03-10-2010

I feel both sorry and angry when I read of this type of thing. This is a cautionary tale for all reading it. Hopefully many here will be able to learn from your family's mistakes.

All these things can and should be determined before the death of the loved one in question. It isn't really that difficult to put things into trusts or to write a will that says who gets what. This isn't just something that rich people need to do. Even the best of families can end up fighting over even the smallest estate.

Did your father in law died intestate or did he just not protect his assets from going into probate. (I can't understand how anyone old enough to have grown children and grandchildren would not have a will that took care of these things but that is water under the bridge).

If he did have a will, Did he name just 2 of his sons Trustees? Then unfortunately, they are in charge and legally get paid from the state for performing that service.

You say you don't know what the jewelry is worth but I can bet you Brother #1 does. The jewelry should have been appraised and photographed immediately (or better yet before) so all could see it and choose which items they wanted. Simple to do in this era of email.

I know this won't help the OP and for that I'm sorry. (Hopefully someone else will be able to). But, please let this be a lesson to others.

KathyPet · ‎03-09-2010

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.