Estate question - anyone know? - Page 3

serenity4ever · ‎11-04-2013

Why didn't you hire your own attorney?

violann · ‎03-10-2010

Tragically, BeanCounter, people who wish to do so or who do not have an ethical backbone, will lie.

Financialgrl · ‎03-13-2010

On 1/2/2014 violann said: Tragically, BeanCounter, people who wish to do so or who do not have an ethical backbone, will lie.

violann - I get that but, in my case, the very last reporting to the court is the accounting and the instructions are very clear - originals only can be submitted for any bill, along with the proof I paid that bill. Proof can be in the form of printing cancelled check from online account as long as it shows the "cancelled info". I also will send the final estate bank statement. That final account amount is what will be divided by 4 and distributed from dad's estate account and those checks I sign will then be printed offline as well - numbers have to all agree.

That's what I don't understand - it's easy to hide and steal possessions but houses and money all have money trail using "traceable/trackable means" and the numbers all have to at least jive. Or are some states just really that lax about the whole process? You can only lie up to a point.

Lipstickdiva · ‎03-10-2010

I've been reading the posts about this estate and trust for as long as it's been going on. I specifically remember many, many posters recommending that your DH hire an attorney.

Now this is still going on and your DH never hired and attorney? That should have been done in 2011 when all this started because there have been problems with this right from the get go.

Shorty2U · ‎03-09-2010

I have no clue, but I just want to say that I find it very sad and disgusting when people argue over dead peoples belongings. Thank God I never had that problem. Best of luck to you.

And in the end, the love you take is equal to the love you make~ The Beatles

Cats3000 · ‎10-07-2013

Is there a Will? Is there a lawyer involved? Who is the Executor or Trustee? That's the person who is charged, by law, with "everything Estate". That is the person who has to report to the court and provide documentation that the Will or a Court Order is being followed and that bills are being paid and assets are being properly distributed. The Executor or Trustee can't run his/her own agenda. I had an experience as an Executor of an Estate. I had strict rules and guidelines that I had to follow. The lawyer who prepared the original Will had to made periodic reports to the Court.

Lipstickdiva · ‎03-10-2010

On 1/2/2014 BeanCounter17 said:
On 1/2/2014 violann said: Tragically, BeanCounter, people who wish to do so or who do not have an ethical backbone, will lie.

violann - I get that but, in my case, the very last reporting to the court is the accounting and the instructions are very clear - originals only can be submitted for any bill, along with the proof I paid that bill. Proof can be in the form of printing cancelled check from online account as long as it shows the "cancelled info". I also will send the final estate bank statement. That final account amount is what will be divided by 4 and distributed from dad's estate account and those checks I sign will then be printed offline as well - numbers have to all agree.

That's what I don't understand - it's easy to hide and steal possessions but houses and money all have money trail using "traceable/trackable means" and the numbers all have to at least jive. Or are some states just really that lax about the whole process? You can only lie up to a point.

Herein is the problem when people ask for advice like this on this board. laws vary by state. Here in my county, it is no longer a requirement that proof of payment of bills be provided and you don't have to provide a final bank statement.

Also, it is a requirement that the executor provide all heirs a copy of the Will, inventory and any and all accounts filed. No one has to request that in writing.

However, if the Will designated that everything go to a Trust, a final account is simply going to show a disbursement of all assets to the Trust so that's not very helpful to anyone involved.

I'm still not sure why an attorney was never retained throughout this process.

KathyPet · ‎03-09-2010

If I recall correctly from Hyacinth's previous posts about this there are 4 brothers involved. Two of the brothers (but not Hycanith's DH) we're appointed co executors of the father's will. One of the brother's basically took over everything and was not forthcoming about any monetary details of the estate settlement. He refused to provide information to either his co-executor or the other two brothers. The father's house was rented and he refused to provide any information about the rental income or expenses or disburse any funds. Three of the four brothers wanted to sell the house when the lease was up and he fought that tooth and nail. Then he wanted to purchase the house himself at a price well below the potential selling price. he finally agreed to get a formal appraisal of the house and then when the appraisal came in he said it was appraised to high and fought the other brothers about that. I think that they went to court to force him to settle the estate. The attorney's fees probably were accrued because he had to be forced to move forward with the estate settlement process.

missy1 · ‎03-10-2010

Sounds like when it's all said and done the brothers could be in the negative, with all the attorney fees/splitting 4 ways. I hope this house is worth a lot! It's been 2 years?

hyacinth003 · ‎03-12-2010

My father-in-law passed away in 2011. He did leave a Will and Trust, leaving all to be split among his 4 sons equally. He named the two brothers (#1 and #4) as Trustees. They were in the same state, NOT the one we live in. It is a simple Estate, and included a house. It didn't even require an attorney, except to make sure it was wrapped up.

Brother #1 held everything and was loathe to share with the other Trustee. He did anything and everything to do it all himself. Brother #4 finally retained an attorney to make #1 move on anything. My husband #2 and #4 wanted the house assets as a lump sum distribution, and the other two wanted to keep the house as a rental property. #1 refused to remove the tenants, buy the house, or sell the house. He just kept collecting rent, which no one has seen.

No one thought of having the jewelry appraised because you don't realize a BROTHER will be dishonest. Now he says he cannot find it. We don't believe him. There are photos, but I don't think they illustrate real/costume.

For all who think my husband should have had an attorney - real nice if you have $300/hour to spend when your other 2 brothers are each spending possibly your inheritance on lawyers. Especially in another state. These are your BROTHERS - and at first you don't know they aren't to be trusted!

The house finally sold under court order in November. Now #1 is obstructing resolution in what he has been doing all along to his brothers.

I hope no one else goes through something like this. Finding out your closest family members will cheat you and don't care about you at all. Finding out your father's memory has been trashed for no good reason.

Hyacinth ${#emotions_dlg.sad}$