I've been appointed executor of my aunt's estate. There are 6 equal beneficiaries. I'm reading all these horror stories and am thankful we're all in agreement. I'm constantly updating everyone on the status of probate. They know I will follow every rule and will disperse probate assets at the proper time. They also know how much work I'm putting into this. No estate is worth destroying a family over.
I agree. Nothing is worth destroying a family. There's many other good families that get along in the process but of course we never hear those stories because they're boring. LOL! But we Always hear about the horrible disasters caused by greed. Thanks for being one of the success stories.
The key to your success is that you are "constantly updating everyone." The executor of my wife's parent's estate has provided no updates since the death almost 3 years ago. We have asked for updates but only get the run around. We don't want to upset the executor because we trust her and know she is probably working hard but I see trouble if she doesn't start keeping the beneficiaries in the loop. I think some executors think that telling people what is going on will cause more problems, the opposite is true.
I’m was doing the same thing you are your mom should add a clause saying if they try to change what she wanted they will only be entitled to one dollar.
I’ve heard of too many stories of dishonest or power hungry trustees - I think jn most cases it’s best not to name one child as a future trustee bc of the sibling dynamics that can come into play, have a trustworthy close friend or professional trustee but having one sibling as trustee w all this power lends itself to trustee abuse their position
With what I've seen, I tend to agree with you. Even if the trustee has nothing personal to gain from the liquidation of the estate, they can still pull some shady stuff. And also even though they are being paid to administer the trust, they'll tend to have an attitude of "just dump everything" because it's a lot of work and again the beneficiaries lose out.
In the many years that I've been working in this space, the word disgusting isn't even strong enough. People will cause so much damage and harm to their families over a few dollars. It's so sad.
@@justsomerandomgirl Sure you do... but having a right and enforcing that right are two different things. If an executor won't cooperate then you're only option is take them to court which simply isn't an option for many people, and isn't cost effective for relatively small estates. And even if you do - I've found that the probate courts are reluctant to remove an executor or even get involved.
Recently appointed PR/Executor here for my (recently deceased) dad’s estate in Florida. You touched on this but I’d emphasize that before ANYONE accepts someone’s executor request would be to ensure there will be provisions made upfront to pay for everything during probate. A scenario where all assets are ToD and there’s no trust set up could leave the estate insolvent and the executor personally responsible to cover the debts. A forgotten RMD, significant medical bills, income taxes, limited pension distributions, difficult beneficiaries and understaffed probate judge positions can quickly eat into your pockets and likely extend the probate process through compensation litigation. Yep, a fun Pirates Of The Caribbean adventure romp this will not be.
As I understand it, the Personal Representative, Executor (if in probate) or Administrator (if in a Trust), is not personally responsible for any of the decedents debts unless they themselves are named on the debt like a credit card or loan or taxes. Where this can get tricky is if you accept the position of Personal Representative and instead of paying off the debt, you just sell off or distribute the assets among heirs, for example sell the house and 3 heirs each get $50,000 but the estates debts were not paid. At that point you've potentially broken the law as the fiduciary of the estate by mishandling the estates obligations and someone can file a suit that would get ugly. And of course the heirs have already spent their money on a new boat and matching Harleys and no way they're giving that back. And no it will not be The Pirates of the Caribbean romp for sure. It's more like riding Guardians of the Galaxy (Formerly Tower of Terror) without restraints. Thanks for bringing that up. Anyone else have a thoughts on the subject, let us know.
If the debts were paid out of the estate and there's no more money and the heirs aren't getting anything because there's nothing left, the debtors will just have to write off that debt. They can't squeeze blood from a turnip as they say. As I understand it, unless someone else's name is on the debt, then they can't ask anyone else to pay that debt for them. But if you liquidated the assets, distributed it to the heirs without paying the debts, then that's a whole different story.
Limitations over handling disposal of assets applies to remaining assets that are not automatically transferred to a beneficiary upon death. Those are the only assets requiring probate. In many states a will that has been filed before death with the relevant Court and names an executor is authorization to proceed with securing personal effects, to contact creditors and debtors of an estate, contact banks and insiurance companies, and if the decedent was a tenant of a rental unit without a long term lease, to secure the contents and relocate them if necessary to reduce rental costs.
My sister and I are the only heirs to My dad's estate. I was picked the executor. We decided it would be a better idea to hire a probate attorney to act as executor. For the fact that we would both have harsh feelings if the other one of us had the responsibility. Well he sent the trash clean up crew/ metal scrappers through before any inventory was done and never secured the estate with new locks! Or even locked the house at all. The garage door was open for weeks after I was evicted from the house. The stole crushed or scrapped everything in the garage or outside . $50,000 worth of tools welders motorcycles and equipment are missing or trashed. I need help stopping this maniac that I gave all the power to!!! Please help. I'm in Colorado.
My sister is the executor. We did not have a reading of the will, two years later i still dont know how much moms estate was worth. Have received two checks and as far as i know there will b no more. She has NOT been forthright about anything. I asked how much taxes was paid, she said she didnt know, mom wanted her living kids to divide equally, sister decided to pay for a deceased sisters burial, (she died 9 days before mom) sisters husband is a millionaire, he should not of received a plug nickel from moms estate. Moms estate was not responsible for burying sister. She didnt ask my brother or i if we wanted to pay, she just decided. She even went against moms wishes and had her embalmed, even though mom didnt want that. If i hire a lawyer of course i m the bad guy. Even though she is a thief and a liar. I dont know how much she paid herself for being executor. I dont know moms lawyer either to even go thru them. You give some ppl a little but of power and they let it go to their head.
She cannot pay herself anything for being an executor unless it is stated in the will. It would specifically say the executor gets 1%, 2%, or 3% etc, of the total estate for handling the estate before other assets are divided. If it says nothing about it, they get nothing. The executor of my mom's estate found that out.
Time for the facts As the executor/trustee their fiduciary responsibility is follow the instructions of the will, trust or both and keep the beneficiaries best interest valid. If a beneficiary has an issue with the executor and cannot afford to hire legal representation against the executor then the executor is not being challenged and can do whatever they want to do. These matters do not automatically end up in probate court in-front of a probate judge it doesn’t work like that. In the event of an executor/ trustee is mishandling money or assets or completely keeping a beneficiary uninformed about any information or not giving the beneficiaries their inheritance because the will or trust instructs the executor to do so but fails. Don’t be under the impression that the court is going to jump in there on your behalf and set things straight it doesn’t work that way. Can you file a complaint against the executor on your own behalf ? No, you have to have legal representation. Only an attorney can file documents to the probate court. Again if you cannot afford to hire legal representation against the executor/trustee will have the authority to do whatever they please. These are not opinions and are based on solid facts.
I am going to contest my father's will because I feel like my sister talked him into leaving his house to her children (my father's grandchildren.) I wouldn't say anything if my father and his grandchildren had a close relationship but they don't. They might visit around their birthdays and Christmas with their hands out. Virginia here.
@@theprobateagent My attorney believes I have a strong case and suggested that I take all the house instead of splitting it equal between my sister and her 2 kids.
my family member who had POA never told the banks or filed the trust with the attorneys and is now claiming he was the sole heir of the estate. My dad died of senile degenerative brain function and I can;t believe he is saying now there was never a trust. How could he do this when I know where the trust originated from? I mean there is a trust and we both went over it together when dad was sick and now he is claiming he is the sole heir. I am so frustrated with the lies and theft of over 150K
’m in TN and my brother died two years ago without a will. No wife, no children, my two sisters and I were designated the heirs. The three of us decided to give POA for our youngest sister to be assigned as Administrator. Big mistake. She is the busiest one of us all, is an artist with no business sense. I am the business major. Through texts, the three of us made decisions and talked things over. Her and my bipolar older sisters who has always resented me, turned down what I thought, and friends who heard too, some sound business things that could have brought us more money. They both pretty much stopped talking to me last year and I was not involved in any decisions after a point, I still don’t even know what happened to two of his vehicles I made offers on. Probate hearing coming up in September. Will I have a chance to speak? Like if I made an offer on three vehicles, and they were sold elsewhere, why, for the benefit of the estate, was I not given an opportunity to counter the other bid. Shouldn’t this be the objective of the Administrator, to make the most lucrative decisions about the estate? For the benefit of all three of us? After I made my offer on the vehicles, the next time I went to my brothers house, they had relocated them all, and I’ve yet to hear what they were sold for and to whom. Someone said since we waived to inventory the estate, we may have waived the right to see the details of the final accounting of where money came and went. I don’t want to act like a resentful sister in court, if I am allowed to speak, but I feel numerous decisions were made to spite me, possibly making the same money, but not giving me an opportunity to offer more, or to pay the same so I could flip some items and make a profit, which was done in two cases, I wasn’t given a chance to counter so I could fix and flip. I first asked to do this for the benefit of us all, but when rejected by both sisters, I made my own offers so I could make a profit. Will I get a chance to speak and what do you suggest my demeanor be? Thank you for any guidance.
My uncle is the executor of my father's estate, there are four beneficiaries, from the start the executor was gaslighting and slandering us, allowed others who weren't named in the Will to help themselves to contents of the home, but worse has committed fraud and stole the home for himself using his son as the buyer, when I spoke with my cousin about this, he said he tried to get out of that deal with his Dad, but that his father (executor) would not let him. Can I sue executor and my cousin? This was two years ago, none of the beneficiaries received a nickel, however my uncle is collecting rent for the house.
12 kids in my family only a brother and I live in the house I've been paying the property taxes for the last 5 years, would I be entitled for a reimbursement of property taxes when and if we decide to sell the house???
Hello There, my brother will soon be appointed Administrator of my mom's land, my sister and I have been paying the property taxes and maintenance fees for the last 40 years. Are we in titled to reimbursement?
I lost my mother on this year, February 22nd, 2022 and coming to find out that Mom had a trust in trusting things would go right in leaving things behind. Mom, on her death bed mentioned that she's leaving the building to her Children, but made my sister the power of attorney. The building amongst my sibling was given to me verbally and announced me being the oldest brother would be taking care of mom building. I addressed my sister to draw up a document with my name, wanted to know my role in living in mom's place and nothing was given, in putting a little fire under her feet, I mentioned that I would not pay the mortgage until I get something in writing, after that been said she put the building up for sell without communicating with me or my siblings. What can I do?☹🙁😟😕
The first question would be how is the title held. Assuming that the co-owner is not a spouse, then it's likely that the 50% (if that's the number) owned by the decedent probably would still go through probate if there's no trust. It's worth a consultation with a great real estate attorney.
Here in CA if there is no will the PR (Personal Representative) files for Letter's of Administration and can sell the decedent's property if all heir's agree on the sale price. The PR would then file for "Notice of Proposed Action"..
In Probate in California it's Letters Testamentary and yes the Notice of Proposed Action and other court related activity depends on whether or not a bond is required. Thanks.
I lived with my girlfriend for 11 of the 12 years we were together. She passed away in August of this year. She did not have a will. Her last 2 months or so she was in a lot of pain and she slept most of the day. She had custody of her granddaughter since she was 2. She is now 15. I went for emergency custody when her birth mother showed up at the hospital minutes after her mother had passed. We hadn't seen her for 4 years. She was only there to take custody of her. Police were called and she came home with me. My girlfriend's oldest son went for administrator of the estate and told us that he wanted us out of the house by the weekend. We could just take our personal stuff and we could come back at a later date to finish moving. So that Friday I told him we needed a 30 day eviction notice. Now before this point he was trying to get custody and convince her that she would be better off with him and his wife. She barely knew him and we hadn't seen him in 5 years. So after I told him we weren't leaving he went ballistic, I mean like a 5yr old that doesn't get his way! His true colors showed up. From the start of all this all he kept saying was "what's best for her". All BS. He won't even talk to her now. She just wants the rest of her stuff which includes sentimental things that the person she calls mom, her grandmother, and friends had given to her, and also her ashes. His other problem is he wants me to pay all of his mother's bills since she passed and we were still living there which lasted about 5 weeks. I told him they weren't in my name and I wasn't responsible for paying them. At the emergency custody hearing, which he also tried for custody then, the judge said we should stay at that address until the next placement custody hearing a month away. I agreed, so we relaxed at moving because we weren't being rushed. I didn't find out until the end of Sept. that it was a request not a court order. That 1st hearing was Sep. 8th and the next one was Oct.6, so we stayed through Sep. I'm really only concerned with her things because they have so much meaning to her. I thought that it was illegal to sell someone else's property but I'm assuming we have no recourse. And don't try to tell me or her to reason with him, because he will only agree to that if I give him 2 grand that I feel I don't owe. He's an angry man-child. I was looking online for a free consultation but that hasn't worked out. Sorry for the long comment! I guess it's a little out of order, chronologically.
Why bother with a living trust when the executor is going to get away with with anything they want because probate litigation is where most will end up. It eats every cent of the estate and not worth it.
If it's in a living trust, there is no probate. That's the advantage of a living trust. It is in and of itself a separate entity that owns the assets and should outline exactly where the assets go upon death. The only time it really becomes a problem is when no one has a copy of it except for a single person and they try to steal things. I firmly believe EVERYONE regardless of how much you own, should have a living trust.
😮😮good advice. My sweet mom stepped in and had my brother start cleaning out her sister’s house and was giving away stuff to all 5 of us kids to make it fair. She was trying to help but the reality was that my Aunt left Everything to me. Lol. She is lucky that I have no children and planned to give all family heirlooms to my sibs who have kids anyway.
I'm glad to hear that you have an understanding and cooperative family. Too often there's fighting and arguments over the smallest things. If your Aunt had a Living Trust or at least a Will, it would make it easier on everyone so there's no confusion. Sorry for your loss.
Shit my brothers took vaulable antiques out and signed on my parents checking account.Us three kids were on trust equally spilt everything in 1/3 each.My older brother was poa then youngest brother took it over.Im middle girl and im getting screwed.I wwould contest but it costs too much
Yes you would think family would come together during difficult times but I've seen it way more than I'd like to admit. People lose their minds when they think they'll make a few bucks. Sorry you went through this. And unfortunately the legal system has made it very difficult financially for the average person to get the protection they need.
Me too. Brother POA is a POS Other bro total loser user. They did an Anna Nicole Smith on the estate. They're being investigated criminally when indicted any attorney will grab the chance to help.
I’m a year in and man it’s exhausting and the lawyer is bleeding me dry. My Dad owes more in taxes than his property was worth yet I’m paying to keep it all insured until I figure out what to do. It’s kind of crazy. I should have hired a probate lawyer, not just a lawyer.
Damn, that sucks you found out the hard way. I'm the executor of my mother's will, and I have a highly qualified probate lawyer handling everything. They're basically walking me through the entire process. Hope you get things all sorted out.
my sister is executor of the will (mothers estate) been over 1 year no communication with me..ignores my calls, voicemails, text, etc..the probate attorneys removed themselves because my sister was not cooperating…i believe she already has the money and has spent it..she has not once ever furnished any paperwork after or before my mothers house sold…my mothers estate was in wa state..i need help asap
It's very unfortunate stuff like this happens. As far as I know the only way to prevent this from happening is to stop it early on with the help of a good attorney. Even if she spent all the money they're probably isn't much that can be done other than filing a case against her but would cost you money and you would probably get nothing out of it. It's still might be worth a conversation with an attorney.
File a petition to the court to get a copy of All of the information that you are in titled to. The court will see that she has breached her fiduciary duties and have her removed. Then you can sue for your loss that would come out of her pocket.
Well my brother was the executor, and I was paying the taxes for the last five years upon the sell of the house I received my money back from the property taxes that I've paid into.
Question? My Dad died October 9th 2021. Prior to that my Dad was getting ill and lived in New Jersey and my Sister and myself lived in Colorado. My Dad appointed this guy the son of a old friend who passed away years ago to be his power of attorney. My Dad's illness worsten and he passed away. This guy, after I insisted, presented a Will in which he stated my Father supposedly appointed him the executor, he also included himself in the will as a 34 percentage heritage, my sister and myself getting 33 percentage. To make a long story short the guy awarded himself 292 thousand dollars of the money and us the 109 acres of land my Dad left us. I contacted the so called Probate Court to complain and was told we would have to take him to Court. My question to them and you is, " what was the purpose of the Probate process if there was no one to hold him accountable. He basically, no he stole our inheritance using money my Dad left us to acquire an attorney to do it. What do you suggest we do to get justice. There will be justice one way or another
In America, justice is only for the rich. If you are not wealthy, there is no justice for you no matter how badly you have been wronged. It shouldn't be this way, but it is.
I'm supposed to be a co executor on a estate but haven't been treated as such. Probate has not gone through yet and I don't know anything about the estate. The other co executor has a key to the deceased house and has helped themselves to things. What should I do?
Is there a legal difference between an Executor(s) or Trustee(s)? As one of the Beneficiaries the Trustees are using a Law Firm to protect their mistakes or fraud, and now the Law firm is abusing the Trust. In return the beneficiaries are left without any answers from the incompetent and incapacitated Trustees. Need legal answers.
My daughter was left 20% of her friends estate in a trust. Its a large estate as he got an 11.7 million dollar settlement 16 months before his tragic death. He died 7 weeks ago and she still hasn't heard anything from the executor, who was his attorney. Should she be worried or hire an attorney of her own? He's also sold his million dollar home at a big loss.
First I hope the friend put everything in a trust. In any case I would get on that right away. Contact an attorney. If the executor sold the home at a big loss that affects your daughter's benefits and their position as executor could be challenged. You'll have to pay an attorney to be involved unfortunately but sounds like it will be worth it in the end.
He had a trust set up, and according to a partial will, we were able to obtain through the county court everything else is to be put into the trust after his death, I think? I was mistaken as to his lawyer being his personal representative. it's his financial advisor. The lawyer told my daughter she's not entitled to a copy of the will. Is this true?
The property should have gone through the probate process for the court to determine how assets are distributed. If there has been no probate, go hire an attorney right now and file to become executor and in the process, let the court issue orders to sell the property.
I am a Nebraska resident. I was named as the personal representative and my brother was named as the executor. What's the difference between these roles?
What would happen it an executor of a person’s Will that has not been appointed as administrator sell one of the houses in the estate? The beneficiary’s do not agree with the executor being the administrator because they cannot be trusted. The beneficiary’s have proof that the executor sold the property acting as the administrator.
I am seeking advise please, I had decline to get married and went back to my country after finding out my partner was sick. Now I've been contacted by the sister (executor of the will) indicating that I should write a letter of refusal of benefits and she'll compensate me a small amount. As the deceased has 13 nieces and nephews to attend college. Now I'm being told I'm the beneficiary of a bank account. I'm not a US citizen and I'm not in the country can someone please advise me, I don't want to do anything stupid.
I would definitely seek out an attorney in the local area where the property is located or wherever the deceased family member lived. It's perfectly fine to relinquish a claim on an estate especially if it benefits those kids going to college. However on the side of caution, I've seen many times where the Executor says one thing and does another. They are legally accountable for the distribution of the estate but if there's no one to challenge it or at least keep an eye on the activity then it leaves the doors open for temptation. Money makes people do stuff they shouldn't.
@@theprobateagent Thank you for your input. One question though, the executor of the will had received a home (mortgage free) 2 vehicles- not sure what else. Is it a case to give up beneficiary rights just for the children? Even though the executor had lied in the beginning stating nothing was left for the past partner. Now it's a case of being hurried to write the letter as she wants to close out the probate. To keep a bank account out of probate normally wouldn't one add a beneficiary?
Great info. Question: if I am appointed executor and sole beneficiary of my sister’s estate .. she rents, has no life insurance, has only an older car and her personal belongings.. and substantial credit card debt .. can I inventory her stuff and place it in storage and tell the creditors to come take an item? Or am I obligated to sell her stuff?
I can't say that this answer is 100% correct but it's worth checking with the courts on if you're the executor. But my understanding is that you are not obligated to sell her stuff in order to pay off debts. For example if it's just a bunch of household goods and you donate it to a charity then how can they collect anything? Also I don't know of a single credit card company that's going to come take stuff out of storage and turn around and sell it to recover their debt. They're just going to write it off. As far as the car goes I guess the question is how valuable is it? Again I believe the credit card companies are just going to write off whatever outstanding debt she has when you notify them that she's deceased. I've seen numerous cases where the personal vehicle is transferred to another family member legally with no recourse from the credit card companies. On the other hand if your sister had something significant like expensive jewelry or artwork then the court could determine that those need to be sold to pay off her debts. But again check with your Probate Court and or attorney. Good luck
How does the executor pay bills or funeral expenses during this wait on the Letters from the county, especially if they are living in the decedent's house which is their own official residence, but owned by the decedent? They need to keep the power, gas, phone, etc. on to continue living there during this transition.
Kelly Firk Flatford is the executor of her ex husbands will and has drained all of the funds from Robert Flatford III's life savings(no debt) that he distinctly states his fortune goes to his children. Kelly Spirk Flatford has not given any access to his belongings or funds to the 2 daughters from his 1st marriage. She says there's,"nothing for you."
Without knowing all the details, this is a breach of the fiduciary responsibility of the Executor if it's a will or Administrator if it's in a Trust. They are not only responsible for distributing assets according to the wishes of the deceased but they also are required to secure any items especially those items of value. I see this way too often, as soon as someone passes away, family members and others descend on a property like vultures and start rummaging through everything to steal whatever valuables they can get. It's obviously not right but it happens all the time. If you catch it early enough, you can file to have the executor or administrator replaced. Unfortunately, it isn't caught until long after it's happened. Then it's a legal issue and depending on the value of the assets, a decision has to be made. Is it worth spending all the legal fees to hold this person accountable or just walk away from it. I know. It's infuriating.
So there’s 3 daughters the youngest had name her self as power attorney where she have access to all his information money all made a trust didn’t even spell her own sister name right X out the two sister and put her self in charge and give her self a gift which is property. Didn’t tell her sisters about this trust because she knew that they would ask him. Are you sure this is what you want so she took that away from them and has not step foot on this property or pay taxes since there father pass so 3 years and now there’s a for sale sign in our front yard and have no money for lawyer and even went to the state bar for help and they suggest lawyers to me which none got back to me and I’m going to lose my home
Better yet, my brother lives in the house, and refuses to do anything, and he has moved 3 other people in the house so 7 people live there. Won't let me in the house, and always lying about what step and what the status is. To top it off, I can't afford a lawer.
Depending on where you're located, most probate attorneys work on contingency and don't require upfront fees. I would contact one immediately and see if they can get you named as the Executor.
So am i, i totally get it, i would advise you to get whats rightfully yours, dont allow yourself to be bullied, i really hope things work out, you have a right to free representation here in ireland, i hope you get it 💯
Come Sept 9th it will be 1 year since she passed, I'm in NJ, and I called 2 different lawyers they both want $400 just to send the demand letter for inventory and accounting, I called legal aid, they said they don't do probate at all.
@Jim Moravec 8 months later, I'm still dealing with this shit. Now he's blocked me on socials, ignores my calls and texts, and all the family treat me like shit for making a big deal about it. In September it's going to be 2 years, I also found out he stole the cash from the house, and has one of his daughters causing me life issues.
my attorney no like bring me to court cos. stepdaughter n his attorney .they make disclaimers for me 80%. for Mt share .why they do like that for me .need help to take my assetsshare from late husband
My father and mother created a trust naming me (their son) and my 3 sisters as beneficiaries. My father died. My mother wants to write me out of the trust, using a Power to Appoint clause. (I do not have a copy of the trust). Can she?
How long after a someone passes is the Executor’s liable for anything after everything has been given out ? Can all the paperwork be thrown away after 5 years ?
That's a good question and I can't give a specific answer. It may vary from state to state and even locally. For this you need to check with a good local attorney. If the executor gave away or sold items without the other beneficiaries, it is a breach of their fiduciary responsibility to the estate. They could be held liable but the next question is, is it worth the legal costs to persue.
If a person is mentioned in a will, say a nephew. If the Probate Lawyer or the executors of a will, have not advised the bequeath and and ancient invalid will is probated. Can the Nephews contest the Will that was probated, where say after waiting years, on application to Court for grant of Copy of Probated Will , discovers, not only he was Disinherited but one of the Deceased persons children was Disinherited for no apparent reason. Where the trigger was discovery of a company Incorporated by the deceased, is still registered and current and Millions of Dollars reported annual sales; where the bequeathes included in Probated Will includes Class One shares in that Private Publically listed and Registered company, which also has several Related companies, a big clongomerate companies combine annual sales in excess of $3,000,0000,000 per annum?
Obviously this requires the help of an attorney. It should be definitely looked into. It might cost some upfront money for attorney fees but the longer you wait, the more difficult it might be to recover anything.
My father appointed my sister as an executor . My mother died last yr and my father just died last month but the deed of the my parents house was for "Tenant in common" can my sister takes 100% control of my mother side of assett? cause my mother has no will only my father
What happens if an executor burns through the profit of the house sale by actively calling creditors to pay debt but just enough so there's remaining money to fulfill a codicil that states that he/she will get a payout? Meaning, if the house sells for $400K and the will includes a codicil that the executor is to get $50K so the executor actively calls creditors to pay $350K with only $50K remaining so that the other beneficiaries don't get anything but the executor gets the $50K as per the codicil. Since the debts are valid, is there no recourse for the other beneficiaries?
That's something for the courts to decide, or if it was at a trust, it's probably predetermined. In most cases, executors of an estate are entitled to compensation because there is a lot of work involved. I know where I live it's about 1% of the estate. So, if somebody is receiving $50,000 for a $400,000 home sale, my next question would be, what other assets are in the entire estate? Even then, that seems high, so it must have been something that was predetermined. Depending on the state that you were in if someone was assigned as the executor and they added the codicil, I'm pretty sure they had to do that with court approval, which I believe would require proper notification of family members. It's definitely something you should consult an attorney on.
Is there a will or a will and trust? If just a will he has to follow what the probate court tells him to do. If a will and trust he can sell but it should be distributed as the trust says.
I'M appointed Trustee in A Living Trust. Property is left to me and my brother. What happens to the Credit Card Debt? As Trustee, that's what I'm concerned about.
Technically the estate is still responsible for the credit card debt. But what I've heard so many do is just ignore it and it gets written off by the credit card companies. And even though I've never personally heard this happen, supposedly the credit card companies can pursue the debt after the fact. Weigh out your options.
I changed the lock on the door and added a padlock with a hasp. They broke the lock and pried the door open and emptied the building of roughly 50k in contents. Good luck if this responsibility is dumped on you.
Yeah sorry that happened to you. This happens more often then people think. I've seen it numerous times and it's disgusting. It's almost like you practically have to move into the property yourself until it's resolved but that shouldn't be the case. Hopefully you got video or other evidence of them stealing and can prosecute.
Not sure which part you're referring to but managing an estate whether you're an Executor of a Probate or Administrator of a Trust it is a lot of work to try to sort out someone's life after they've gone. Not always because of knowing what to do with it but also all the 3rd parties involved that make someone jump through numerous hoops just to do something that should be simple. If you're referring to something else, please clarify.
So how would one verify that after the first death that things weren't ever accounted for? Per se it being a two-part A and B trust that leaves the surviving party trustee and beneficiary with provisions on withdrawing of the principal but is to collect the income until her passing... Now because the testimony trust never gets recorded before death but is it normal for an inter vivos trust document to be recorded through the county recorders office referencing the existence of said trust recorded through deeds. If I located a joint tendency corporation date of trust and assignment of rent with an issued subparcel number all being connected to our family home what happens to the rights of said corporation that was recorded in 1998 through a joint tendency deed my parents' house had 11 deeds recorded over the last 30 years. All I know is that my dad's entire estate was left into that sub-parcel that I can't seem to get any information on he also was a president of two personal corporations as well as held two separate contractors licenses. As far as I know there was talk of a mortgage corporation that is impossible to find any information on. My two siblings named as code executors in the will have been appointed only on my mother's estate into my knowledge nobody has been appointed on my father as when I showed up in court the case was withdrawn and is still pending. My mother passed in January of 2020 and less than 7 Days of her passing there was four to six quit claim deeds submitted on that sub parcel number and the only place that I get that sub parcel number from is the parcel number that's listed on the corporation deed of trust as well as the personal number I have from the copy of the trust that I had to purchase from my dad's financial advisor who is giving me no information besides allowing me to purchase the trust documents yet he took the guardianship and the important retirement/business documents out and his last word to me was if my siblings aren't communicating with me to take em to court. The issue is I've tried to exercise my rights information I submitted a de-154 on my mother's petition to administer his estate but somehow I am now being told through an email that my ex-party objection to my siblings petition to administer my mother's estate and the request for limited authority the production of trust documents verification of trust assets as well as an accounting and inventory was being requested was I informed that my objection was premature and the record of accounting was also premature as the trustees were just appointed that day. The response to my father's stated (I submitted the same letter in both cases) my father said that it was a petition for spousal property only but that I could initiate the proper trust proceeding in request the documents there. I resubmitted a petition against my siblings and the trust as that's what I believed I was supposed to do and ever since then I've been waiting for a court date. They changed the court date to sooner and it's vastly approaching and I know I haven't filled out the correct paperwork but I don't know what I need to fill out ultimately there's a bank account number that's not been accounted for but has since been removed or closed at the very least I need to account for it so I need to subpoena the documents I don't know if I'm at Liberty to do so. Where should I be looking in what should I be most concerned about as it's been impossible to locate a lawyer that understands my mom was unable to change any part of that trust once the first person died, I've since been told that my brother was labeled as payable on death on all my mom's accounts so how do I get the judge to compel them to furnish me with proof not leaving the burden on me as again I have no idea what they've done but I know that my dad was limited on his information he gave out with his business dealings none of us fully knew what he had and my mom had no idea about the outside world his finances or the businesses all she knew is that she would never leave because she would never be able to make it on her own that as much as I want to say my parents had a loving relationship at the end of the day my dad told me my mom was at $20 bet. I'm almost scared to look for their motives on most of their actions but no enough to know they kept me away from my mom started a huge argument attacking me in a drunken rage saying horrible things about my daughter who was just born premature and receiving SSI (this is my third child the first two have medical issues on top of high health risk due to prematurity as well as family history. I almost feel like somebody has been receiving some sort of benefit or using my children under that maintenance and support line and want to say it's possible it has something to do with the corporation because that's the only thing that makes sense in my head as to why my siblings were so upset with me after my father's passing and that's why my brother attacked my daughter in innocent child infant at this point. Nothing is fully making sense in my world because in 2017 after spending some time caring for my sister who was very ill and unable to walk I found out that my baby daddy initiated Court proceedings had a restraining order against me for him and my children... To do all of this and not even inform me to lie under oath and state that I was served knowing I wasn't but continuing the relationship with me again it doesn't add up makes no sense it's like he never intended for me to find out so what would be the motive for him to do so?? My fiance has said a few things in the past years since then that at the time made no sense but looking back at everything now could have been little hints on what's really taking place as he told me one day what do you have you don't even have a family that loves you I love you I will take care of you he was begging me to come back home the home that they kicked me out of after having a hidden restraining order for 3 months. Anyway he proceeded to ask me what I had to buy a house because he had 50 g's in the bank he was laughing like mocking me but again how in the hell did he have $50,000 I quickly wrote it off as alive and kept it in my memory bank now fast forward back to when my dad died and right after my brother blew up on me my siblings called me over to my parents house and wanted me to come alone knowing that's not going to happen as I was instructed to go to my dad's funeral alone as well and everyone else got to bring their families for support and it's kind of been like a fight between these two families me being stuck in the middle so I found it very hard trying to please or please anyone because it's quite frankly neither size are ever satisfied. Needless to say I showed up of course with my better half who in turn jumped in the truck with my brother which is a big No-No I mean he was given direct orders before we even got there but when we pulled up my ex-boyfriend was there who just so happens to be a lawyer and hook line and sinker I guess we both fell for it before you know it we can't get a hold of them and by the time my baby daddy answered the phone my brother was passed out on the floor that made me lose my s*** the fear of not knowing what was going on and knowing that emotions or extremely unmanageable I called my mother-in-law had her pick me up rush to where they were as my sister boyfriend and my brother the other one we're on their way to get my brother that was ko for some reason I thought there was going to be a big fight but the brother who can't stand me at the moment for being with my baby daddy was saying thank you to him and they were trying to carry him to the car. I went home and that was the beginning to the ending of my relationship with my family and ever since then I've been nothing but lied to regarding the trust it's assets and my rights to accounting. After my father passed away my ID went missing for the better part of four months and then popped up one day in a rob pocket that I've worn 100 times furthermore my brother gave me my father's robe one of them anyway that he used to wear when we were kids that is the only thing that I've been given as the rest of them have gotten cars motorhomes boats jet skis and apparently the businesses and it appears the corporations have been dissolved again I can't get any lawyer to help me not even with advise with where to go from here. I can't tell you that I finally did get a hold of their attorney who in turn seems surprised I was calling an informed me he was not dealing with the trust and was told it was done and dealt with already when I asked him by what attorney he told me Earnest Anderson which is a disbarred attorney and just make things more complicated we found out that my dad was an illegal immigrant about 2 years before he died so the secrets are endless and the answers are short I'm trying to piece together a puzzle I don't even know what the pieces look like and wouldn't recognize them from Adam. Please help me with any advice that you can as a friend not a lawyer please LZESSI@yahoo.com
Sorry I have to make a few corrections that you kinda left out. First of all an executor, trustee whatever you want to call them can do whatever they please. They don’t have to follow any of these laws because they are protected. Civil cases are one sided, whoever has the money to hire an attorney wins. The party that cannot hire an attorney automatically looses. So if you have a trustee that is breaking his/her fiduciary duties not providing you any information or taking trust assets self dealing the whole 9 yards and you can’t afford to hire legal counsel then the only thing you can do is just forget it. Contingency ? Another bad idea 👎
I don't know about the part where they don't have to follow any of these laws because they're protected but I do agree with you about who wins. It's the Golden Rule and not the one from the Bible. "He who has the gold, makes the rules". And yes too often the one's who can't hire a good attorney when needed gets taken advantage of. Thanks for the feedback.
That’s something that should be mentioned. Because if you don’t have the funds to go all the way then you will not only lose what you have invested in attorney fees you will also lose what you were fighting for. No matter what the will or trust says in regards to a beneficiary’s right to inheritance is completely at the discretion of the trustee. Simple fact is that if you are having problems with a trustee and you do not have the money to hire an attorney then you will automatically lose any rights you have.
I've been appointed executor of my aunt's estate. There are 6 equal beneficiaries. I'm reading all these horror stories and am thankful we're all in agreement. I'm constantly updating everyone on the status of probate. They know I will follow every rule and will disperse probate assets at the proper time. They also know how much work I'm putting into this. No estate is worth destroying a family over.
I agree. Nothing is worth destroying a family. There's many other good families that get along in the process but of course we never hear those stories because they're boring. LOL! But we Always hear about the horrible disasters caused by greed. Thanks for being one of the success stories.
The key to your success is that you are "constantly updating everyone." The executor of my wife's parent's estate has provided no updates since the death almost 3 years ago. We have asked for updates but only get the run around. We don't want to upset the executor because we trust her and know she is probably working hard but I see trouble if she doesn't start keeping the beneficiaries in the loop. I think some executors think that telling people what is going on will cause more problems, the opposite is true.
I wish I had you as executor instead of my horrible sister that is a living monster..
@@BRS5Do not give benefit of doubt. 3 years is insane. You better snap out of it..
I’m was doing the same thing you are your mom should add a clause saying if they try to change what she wanted they will only be entitled to one dollar.
New subscriber here from North Carolina. Just found a land grab from my mother's probate. Thanks for your service.
I’ve heard of too many stories of dishonest or power hungry trustees - I think jn most cases it’s best not to name one child as a future trustee bc of the sibling dynamics that can come into play, have a trustworthy close friend or professional trustee but having one sibling as trustee w all this power lends itself to trustee abuse their position
With what I've seen, I tend to agree with you. Even if the trustee has nothing personal to gain from the liquidation of the estate, they can still pull some shady stuff. And also even though they are being paid to administer the trust, they'll tend to have an attitude of "just dump everything" because it's a lot of work and again the beneficiaries lose out.
It is disgusting how many family members descend upon the decedent's home like vultures.
In the many years that I've been working in this space, the word disgusting isn't even strong enough. People will cause so much damage and harm to their families over a few dollars. It's so sad.
My grandmother was murdered. Her home was sold fraudulently to a judge.
If the executor isn’t transparent then you have a right to question
@@justsomerandomgirl Sure you do... but having a right and enforcing that right are two different things. If an executor won't cooperate then you're only option is take them to court which simply isn't an option for many people, and isn't cost effective for relatively small estates. And even if you do - I've found that the probate courts are reluctant to remove an executor or even get involved.
Recently appointed PR/Executor here for my (recently deceased) dad’s estate in Florida. You touched on this but I’d emphasize that before ANYONE accepts someone’s executor request would be to ensure there will be provisions made upfront to pay for everything during probate. A scenario where all assets are ToD and there’s no trust set up could leave the estate insolvent and the executor personally responsible to cover the debts. A forgotten RMD, significant medical bills, income taxes, limited pension distributions, difficult beneficiaries and understaffed probate judge positions can quickly eat into your pockets and likely extend the probate process through compensation litigation. Yep, a fun Pirates Of The Caribbean adventure romp this will not be.
What if the available funds don't cover all the debtors and the property is going to the beneficiaries? What happens to the remaining debtor(s)?
It's a living trust. No probate
As I understand it, the Personal Representative, Executor (if in probate) or Administrator (if in a Trust), is not personally responsible for any of the decedents debts unless they themselves are named on the debt like a credit card or loan or taxes. Where this can get tricky is if you accept the position of Personal Representative and instead of paying off the debt, you just sell off or distribute the assets among heirs, for example sell the house and 3 heirs each get $50,000 but the estates debts were not paid. At that point you've potentially broken the law as the fiduciary of the estate by mishandling the estates obligations and someone can file a suit that would get ugly. And of course the heirs have already spent their money on a new boat and matching Harleys and no way they're giving that back. And no it will not be The Pirates of the Caribbean romp for sure. It's more like riding Guardians of the Galaxy (Formerly Tower of Terror) without restraints. Thanks for bringing that up.
Anyone else have a thoughts on the subject, let us know.
If the debts were paid out of the estate and there's no more money and the heirs aren't getting anything because there's nothing left, the debtors will just have to write off that debt. They can't squeeze blood from a turnip as they say. As I understand it, unless someone else's name is on the debt, then they can't ask anyone else to pay that debt for them. But if you liquidated the assets, distributed it to the heirs without paying the debts, then that's a whole different story.
Heirs are not legally liable personally for the debts of the deceased.
Limitations over handling disposal of assets applies to remaining assets that are not automatically transferred to a beneficiary upon death. Those are the only assets requiring probate. In many states a will that has been filed before death with the relevant Court and names an executor is authorization to proceed with securing personal effects, to contact creditors and debtors of an estate, contact banks and insiurance companies, and if the decedent was a tenant of a rental unit without a long term lease, to secure the contents and relocate them if necessary to reduce rental costs.
My sister and I are the only heirs to My dad's estate. I was picked the executor. We decided it would be a better idea to hire a probate attorney to act as executor. For the fact that we would both have harsh feelings if the other one of us had the responsibility. Well he sent the trash clean up crew/ metal scrappers through before any inventory was done and never secured the estate with new locks! Or even locked the house at all. The garage door was open for weeks after I was evicted from the house. The stole crushed or scrapped everything in the garage or outside . $50,000 worth of tools welders motorcycles and equipment are missing or trashed. I need help stopping this maniac that I gave all the power to!!! Please help. I'm in Colorado.
My sister is the executor. We did not have a reading of the will, two years later i still dont know how much moms estate was worth. Have received two checks and as far as i know there will b no more. She has NOT been forthright about anything. I asked how much taxes was paid, she said she didnt know, mom wanted her living kids to divide equally, sister decided to pay for a deceased sisters burial, (she died 9 days before mom) sisters husband is a millionaire, he should not of received a plug nickel from moms estate. Moms estate was not responsible for burying sister. She didnt ask my brother or i if we wanted to pay, she just decided. She even went against moms wishes and had her embalmed, even though mom didnt want that. If i hire a lawyer of course i m the bad guy. Even though she is a thief and a liar. I dont know how much she paid herself for being executor. I dont know moms lawyer either to even go thru them. You give some ppl a little but of power and they let it go to their head.
She cannot pay herself anything for being an executor unless it is stated in the will. It would specifically say the executor gets 1%, 2%, or 3% etc, of the total estate for handling the estate before other assets are divided. If it says nothing about it, they get nothing. The executor of my mom's estate found that out.
Being named as executor isn't an honour... it's a bloody nightmare! It's worse when you have 2.
Time for the facts
As the executor/trustee their fiduciary responsibility is follow the instructions of the will, trust or both and keep the beneficiaries best interest valid.
If a beneficiary has an issue with the executor and cannot afford to hire legal representation against the executor then the executor is not being challenged and can do whatever they want to do.
These matters do not automatically end up in probate court in-front of a probate judge it doesn’t work like that.
In the event of an executor/ trustee is mishandling money or assets or completely keeping a beneficiary uninformed about any information or not giving the beneficiaries their inheritance because the will or trust instructs the executor to do so but fails.
Don’t be under the impression that the court is going to jump in there on your behalf and set things straight it doesn’t work that way.
Can you file a complaint against the executor on your own behalf ?
No, you have to have legal representation.
Only an attorney can file documents to the probate court.
Again if you cannot afford to hire legal representation against the executor/trustee will have the authority to do whatever they please.
These are not opinions and are based on solid facts.
I am going to contest my father's will because I feel like my sister talked him into leaving his house to her children (my father's grandchildren.)
I wouldn't say anything if my father and his grandchildren had a close relationship but they don't.
They might visit around their birthdays and Christmas with their hands out.
Virginia here.
Definitely if you think something's wrong, contest it. Have you spoken to an attorney about this yet? What did they say?
@@theprobateagent
My attorney believes I have a strong case and suggested that I take all the house instead of splitting it equal between my sister and her 2 kids.
@@theprobateagent
The " children" are adults and I have no idea how old they are.
my family member who had POA never told the banks or filed the trust with the attorneys and is now claiming he was the sole heir of the estate. My dad died of senile degenerative brain function and I can;t believe he is saying now there was never a trust. How could he do this when I know where the trust originated from? I mean there is a trust and we both went over it together when dad was sick and now he is claiming he is the sole heir. I am so frustrated with the lies and theft of over 150K
Do you have any information regarding which attorney wrote the trust initially. The attorney may have a copy of the Trust on file as most do.
POA for finance, health ?
There are many different types of POA
The moment the principal passes away is when the POA ends.
’m in TN and my brother died two years ago without a will. No wife, no children, my two sisters and
I were designated the heirs. The three of us decided to give POA for our youngest sister to be assigned as Administrator. Big mistake. She is the busiest one of us all, is an artist with no business sense. I am the business major. Through texts, the three of us made decisions and talked things over. Her and my bipolar older sisters who has always resented me, turned down what I thought, and friends who heard too, some sound business things that could have brought us more money.
They both pretty much stopped talking to me last year and I was not involved in any decisions after a point, I still don’t even know what happened to two of his vehicles I made offers on. Probate hearing coming up in September. Will I have a chance to speak? Like if I made an offer on three vehicles, and they were sold elsewhere, why, for the benefit of the estate, was I not given an opportunity to counter the other bid. Shouldn’t this be the objective of the Administrator, to make the most lucrative decisions about the estate? For the benefit of all three of us?
After I made my offer on the vehicles, the next time I went to my brothers house, they had relocated them all, and I’ve yet to hear what they were sold for and to whom. Someone said since we waived to inventory the estate, we may have waived the right to see the details of the final accounting of where money came and went.
I don’t want to act like a resentful sister in court, if I am allowed to speak, but I feel numerous decisions were made to spite me, possibly making the same money, but not giving me an opportunity to offer more, or to pay the same so I could flip some items and make a profit, which was done in two cases, I wasn’t given a chance to counter so I could fix and flip. I first asked to do this for the benefit of us all, but when rejected by both sisters, I made my own offers so I could make a profit.
Will I get a chance to speak and what do you suggest my demeanor be? Thank you for any guidance.
My uncle is the executor of my father's estate, there are four beneficiaries, from the start the executor was gaslighting and slandering us, allowed others who weren't named in the Will to help themselves to contents of the home, but worse has committed fraud and stole the home for himself using his son as the buyer, when I spoke with my cousin about this, he said he tried to get out of that deal with his Dad, but that his father (executor) would not let him. Can I sue executor and my cousin? This was two years ago, none of the beneficiaries received a nickel, however my uncle is collecting rent for the house.
12 kids in my family only a brother and I live in the house I've been paying the property taxes for the last 5 years, would I be entitled for a reimbursement of property taxes when and if we decide to sell the house???
Not enough information provided. Still, would say no.
Well the house got sold and I did receive money from the taxes that I have paid.
very good xplain I like it
I have yet to see 2 different estates go smoothly.
Hello There, my brother will soon be appointed Administrator of my mom's land, my sister and I have been paying the property taxes and maintenance fees for the last 40 years. Are we in titled to reimbursement?
I lost my mother on this year, February 22nd, 2022 and coming to find out that Mom had a trust in trusting things would go right in leaving things behind. Mom, on her death bed mentioned that she's leaving the building to her Children, but made my sister the power of attorney. The building amongst my sibling was given to me verbally and announced me being the oldest brother would be taking care of mom building. I addressed my sister to draw up a document with my name, wanted to know my role in living in mom's place and nothing was given, in putting a little fire under her feet, I mentioned that I would not pay the mortgage until I get something in writing, after that been said she put the building up for sell without communicating with me or my siblings. What can I do?☹🙁😟😕
@nolamar1 Well said, thanks.
@theprobateagent What if the decedent house is co-owned in the estate what’s the procedure of probate?
The first question would be how is the title held. Assuming that the co-owner is not a spouse, then it's likely that the 50% (if that's the number) owned by the decedent probably would still go through probate if there's no trust. It's worth a consultation with a great real estate attorney.
Here in CA if there is no will the PR (Personal Representative) files for Letter's of Administration and can sell the decedent's property if all heir's agree on the sale price. The PR would then file for "Notice of Proposed Action"..
In Probate in California it's Letters Testamentary and yes the Notice of Proposed Action and other court related activity depends on whether or not a bond is required. Thanks.
@@theprobateagent if there is a will filed the PR is filing for Letters Testamentary
I lived with my girlfriend for 11 of the 12 years we were together. She passed away in August of this year. She did not have a will. Her last 2 months or so she was in a lot of pain and she slept most of the day. She had custody of her granddaughter since she was 2. She is now 15. I went for emergency custody when her birth mother showed up at the hospital minutes after her mother had passed. We hadn't seen her for 4 years. She was only there to take custody of her. Police were called and she came home with me. My girlfriend's oldest son went for administrator of the estate and told us that he wanted us out of the house by the weekend. We could just take our personal stuff and we could come back at a later date to finish moving. So that Friday I told him we needed a 30 day eviction notice. Now before this point he was trying to get custody and convince her that she would be better off with him and his wife. She barely knew him and we hadn't seen him in 5 years. So after I told him we weren't leaving he went ballistic, I mean like a 5yr old that doesn't get his way! His true colors showed up. From the start of all this all he kept saying was "what's best for her". All BS. He won't even talk to her now. She just wants the rest of her stuff which includes sentimental things that the person she calls mom, her grandmother, and friends had given to her, and also her ashes. His other problem is he wants me to pay all of his mother's bills since she passed and we were still living there which lasted about 5 weeks. I told him they weren't in my name and I wasn't responsible for paying them. At the emergency custody hearing, which he also tried for custody then, the judge said we should stay at that address until the next placement custody hearing a month away. I agreed, so we relaxed at moving because we weren't being rushed. I didn't find out until the end of Sept. that it was a request not a court order. That 1st hearing was Sep. 8th and the next one was Oct.6, so we stayed through Sep. I'm really only concerned with her things because they have so much meaning to her. I thought that it was illegal to sell someone else's property but I'm assuming we have no recourse. And don't try to tell me or her to reason with him, because he will only agree to that if I give him 2 grand that I feel I don't owe. He's an angry man-child. I was looking online for a free consultation but that hasn't worked out. Sorry for the long comment! I guess it's a little out of order, chronologically.
Why bother with a living trust when the executor is going to get away with with anything they want because probate litigation is where most will end up. It eats every cent of the estate and not worth it.
If it's in a living trust, there is no probate. That's the advantage of a living trust. It is in and of itself a separate entity that owns the assets and should outline exactly where the assets go upon death. The only time it really becomes a problem is when no one has a copy of it except for a single person and they try to steal things. I firmly believe EVERYONE regardless of how much you own, should have a living trust.
I suggest having a family meeting before you pass away and let all your adult heirs know what to expect and who is in charge.
😮😮good advice. My sweet mom stepped in and had my brother start cleaning out her sister’s house and was giving away stuff to all 5 of us kids to make it fair. She was trying to help but the reality was that my Aunt left Everything to me. Lol. She is lucky that I have no children and planned to give all family heirlooms to my sibs who have kids anyway.
I'm glad to hear that you have an understanding and cooperative family. Too often there's fighting and arguments over the smallest things. If your Aunt had a Living Trust or at least a Will, it would make it easier on everyone so there's no confusion. Sorry for your loss.
@theprobateagent What if the decedent house is co-owned in the estate what’s the procedure of probate?
@theprobateagent What if the decedent house is co-owned in the estate what’s the procedure of probate?
Shit my brothers took vaulable antiques out and signed on my parents checking account.Us three kids were on trust equally spilt everything in 1/3 each.My older brother was poa then youngest brother took it over.Im middle girl and im getting screwed.I wwould contest but it costs too much
Yes you would think family would come together during difficult times but I've seen it way more than I'd like to admit. People lose their minds when they think they'll make a few bucks. Sorry you went through this. And unfortunately the legal system has made it very difficult financially for the average person to get the protection they need.
Me too.
Brother POA is a POS
Other bro total loser user.
They did an Anna Nicole Smith on the estate.
They're being investigated criminally when indicted any attorney will grab the chance to help.
I’m a year in and man it’s exhausting and the lawyer is bleeding me dry. My Dad owes more in taxes than his property was worth yet I’m paying to keep it all insured until I figure out what to do. It’s kind of crazy. I should have hired a probate lawyer, not just a lawyer.
Damn, that sucks you found out the hard way. I'm the executor of my mother's will, and I have a highly qualified probate lawyer handling everything. They're basically walking me through the entire process. Hope you get things all sorted out.
my sister is executor of the will (mothers estate) been over 1 year no communication with me..ignores my calls, voicemails, text, etc..the probate attorneys removed themselves because my sister was not cooperating…i believe she already has the money and has spent it..she has not once ever furnished any paperwork after or before my mothers house sold…my mothers estate was in wa state..i need help asap
It's very unfortunate stuff like this happens. As far as I know the only way to prevent this from happening is to stop it early on with the help of a good attorney. Even if she spent all the money they're probably isn't much that can be done other than filing a case against her but would cost you money and you would probably get nothing out of it. It's still might be worth a conversation with an attorney.
File a petition to the court to get a copy of All of the information that you are in titled to.
The court will see that she has breached her fiduciary duties and have her removed.
Then you can sue for your loss that would come out of her pocket.
Ive got a couple of POS siblings in my family,same as you. One is the executor sister and the other is the excluded brother. A couple of babies.
She has broken the law. You can sue her.
Is the executor responsible for paying the property taxes on the house??
Yes. A named executor pays expenses related to assets in the estate.
Well my brother was the executor, and I was paying the taxes for the last five years upon the sell of the house I received my money back from the property taxes that I've paid into.
Question? My Dad died October 9th 2021. Prior to that my Dad was getting ill and lived in New Jersey and my Sister and myself lived in Colorado. My Dad appointed this guy the son of a old friend who passed away years ago to be his power of attorney. My Dad's illness worsten and he passed away.
This guy, after I insisted, presented a Will in which he stated my Father supposedly appointed him the executor, he also included himself in the will as a 34 percentage heritage, my sister and myself getting 33 percentage. To make a long story short the guy awarded himself 292 thousand dollars of the money and us the 109 acres of land my Dad left us. I contacted the so called Probate Court to complain and was told we would have to take him to Court. My question to them and you is, " what was the purpose of the Probate process if there was no one to hold him accountable. He basically, no he stole our inheritance using money my Dad left us to acquire an attorney to do it. What do you suggest we do to get justice. There will be justice one way or another
In America, justice is only for the rich. If you are not wealthy, there is no justice for you no matter how badly you have been wronged. It shouldn't be this way, but it is.
I bet you have a good clean out option.
I definitely do. Where is your property located?
I'm supposed to be a co executor on a estate but haven't been treated as such. Probate has not gone through yet and I don't know anything about the estate. The other co executor has a key to the deceased house and has helped themselves to things. What should I do?
Is there a legal difference between an Executor(s) or Trustee(s)? As one of the Beneficiaries the Trustees are using a Law Firm to protect their mistakes or fraud, and now the Law firm is abusing the Trust. In return the beneficiaries are left without any answers from the incompetent and incapacitated Trustees. Need legal answers.
Can executor/beneficiarydisperse monies to beneficiaries before trustee dies upon sale of a property as she does for herself?
My daughter was left 20% of her friends estate in a trust. Its a large estate as he got an 11.7 million dollar settlement 16 months before his tragic death. He died 7 weeks ago and she still hasn't heard anything from the executor, who was his attorney. Should she be worried or hire an attorney of her own? He's also sold his million dollar home at a big loss.
First I hope the friend put everything in a trust. In any case I would get on that right away. Contact an attorney. If the executor sold the home at a big loss that affects your daughter's benefits and their position as executor could be challenged. You'll have to pay an attorney to be involved unfortunately but sounds like it will be worth it in the end.
He had a trust set up, and according to a partial will, we were able to obtain through the county court everything else is to be put into the trust after his death, I think? I was mistaken as to his lawyer being his personal representative. it's his financial advisor. The lawyer told my daughter she's not entitled to a copy of the will. Is this true?
Thank you. Can you refer me to a good, dependable and knowledgeable Probate Attorney in Houston Texas?
Atty Titus
If there was no will and there is no cumucashion and they can't agree on anything for 4 year's ? What can i do ?
The property should have gone through the probate process for the court to determine how assets are distributed. If there has been no probate, go hire an attorney right now and file to become executor and in the process, let the court issue orders to sell the property.
I am a Nebraska resident. I was named as the personal representative and my brother was named as the executor. What's the difference between these roles?
What would happen it an executor of a person’s Will that has not been appointed as administrator sell one of the houses in the estate? The beneficiary’s do not agree with the executor being the administrator because they cannot be trusted. The beneficiary’s have proof that the executor sold the property acting as the administrator.
I am seeking advise please,
I had decline to get married and went back to my country after finding out my partner was sick.
Now I've been contacted by the sister (executor of the will) indicating that I should write a letter of refusal of benefits and she'll compensate me a small amount. As the deceased has 13 nieces and nephews to attend college.
Now I'm being told I'm the beneficiary of a bank account.
I'm not a US citizen and I'm not in the country can someone please advise me, I don't want to do anything stupid.
I would definitely seek out an attorney in the local area where the property is located or wherever the deceased family member lived. It's perfectly fine to relinquish a claim on an estate especially if it benefits those kids going to college. However on the side of caution, I've seen many times where the Executor says one thing and does another. They are legally accountable for the distribution of the estate but if there's no one to challenge it or at least keep an eye on the activity then it leaves the doors open for temptation. Money makes people do stuff they shouldn't.
@@theprobateagent Thank you for your input. One question though, the executor of the will had received a home (mortgage free) 2 vehicles- not sure what else.
Is it a case to give up beneficiary rights just for the children? Even though the executor had lied in the beginning stating nothing was left for the past partner.
Now it's a case of being hurried to write the letter as she wants to close out the probate.
To keep a bank account out of probate normally wouldn't one add a beneficiary?
Great info. Question: if I am appointed executor and sole beneficiary of my sister’s estate .. she rents, has no life insurance, has only an older car and her personal belongings.. and substantial credit card debt .. can I inventory her stuff and place it in storage and tell the creditors to come take an item? Or am I obligated to sell her stuff?
I can't say that this answer is 100% correct but it's worth checking with the courts on if you're the executor. But my understanding is that you are not obligated to sell her stuff in order to pay off debts. For example if it's just a bunch of household goods and you donate it to a charity then how can they collect anything? Also I don't know of a single credit card company that's going to come take stuff out of storage and turn around and sell it to recover their debt. They're just going to write it off. As far as the car goes I guess the question is how valuable is it? Again I believe the credit card companies are just going to write off whatever outstanding debt she has when you notify them that she's deceased. I've seen numerous cases where the personal vehicle is transferred to another family member legally with no recourse from the credit card companies.
On the other hand if your sister had something significant like expensive jewelry or artwork then the court could determine that those need to be sold to pay off her debts.
But again check with your Probate Court and or attorney. Good luck
@@theprobateagent thank you for answering
Can beneficiary request an advance against against will as executor is doing gor herself but refuses to hive beneficiaries a penny as she spends away
If a person is the executor and sole heir, can they sell assets for less than market value?
How does the executor pay bills or funeral expenses during this wait on the Letters from the county, especially if they are living in the decedent's house which is their own official residence, but owned by the decedent? They need to keep the power, gas, phone, etc. on to continue living there during this transition.
I paid my mom's funeral expenses and the executor paid me back from the estate. Not sure about the other stuff.
What is a custodian able to do
My late husband Andrew, and I have a Will for our four member family 2:35
Kelly Firk Flatford is the executor of her ex husbands will and has drained all of the funds from Robert Flatford III's life savings(no debt) that he distinctly states his fortune goes to his children. Kelly Spirk Flatford has not given any access to his belongings or funds to the 2 daughters from his 1st marriage. She says there's,"nothing for you."
As executor, what if assets are removed from the property? How do those missing assets get recovered? What if the assets can’t be recovered?
Without knowing all the details, this is a breach of the fiduciary responsibility of the Executor if it's a will or Administrator if it's in a Trust. They are not only responsible for distributing assets according to the wishes of the deceased but they also are required to secure any items especially those items of value.
I see this way too often, as soon as someone passes away, family members and others descend on a property like vultures and start rummaging through everything to steal whatever valuables they can get. It's obviously not right but it happens all the time.
If you catch it early enough, you can file to have the executor or administrator replaced. Unfortunately, it isn't caught until long after it's happened. Then it's a legal issue and depending on the value of the assets, a decision has to be made. Is it worth spending all the legal fees to hold this person accountable or just walk away from it.
I know. It's infuriating.
Can there be two exectors
So there’s 3 daughters the youngest had name her self as power attorney where she have access to all his information money all made a trust didn’t even spell her own sister name right X out the two sister and put her self in charge and give her self a gift which is property. Didn’t tell her sisters about this trust because she knew that they would ask him. Are you sure this is what you want so she took that away from them and has not step foot on this property or pay taxes since there father pass so 3 years and now there’s a for sale sign in our front yard and have no money for lawyer and even went to the state bar for help and they suggest lawyers to me which none got back to me and I’m going to lose my home
I want to know how I can contest my brother's will under duress
From the mean executor
You'll need a good attorney for that.
Better yet, my brother lives in the house, and refuses to do anything, and he has moved 3 other people in the house so 7 people live there. Won't let me in the house, and always lying about what step and what the status is. To top it off, I can't afford a lawer.
Depending on where you're located, most probate attorneys work on contingency and don't require upfront fees. I would contact one immediately and see if they can get you named as the Executor.
So am i, i totally get it, i would advise you to get whats rightfully yours, dont allow yourself to be bullied, i really hope things work out, you have a right to free representation here in ireland, i hope you get it 💯
Come Sept 9th it will be 1 year since she passed, I'm in NJ, and I called 2 different lawyers they both want $400 just to send the demand letter for inventory and accounting, I called legal aid, they said they don't do probate at all.
@@curtisoneill9929
That’s the problem with civil cases unless you have money they will take your case.
But if you don’t you are screwed
@Jim Moravec 8 months later, I'm still dealing with this shit. Now he's blocked me on socials, ignores my calls and texts, and all the family treat me like shit for making a big deal about it. In September it's going to be 2 years, I also found out he stole the cash from the house, and has one of his daughters causing me life issues.
my attorney no like bring me to court cos. stepdaughter n his attorney .they make disclaimers for me 80%. for Mt share .why they do like that for me .need help to take my assetsshare from late husband
You really should have an attorney helping you. Don't delay. The longer you wait the more difficult it becomes.
Important
My father and mother created a trust naming me (their son) and my 3 sisters as beneficiaries.
My father died.
My mother wants to write me out of the trust, using a Power to Appoint clause. (I do not have a copy of the trust).
Can she?
Sorry I'm not familiar with that clause. You definitely need to get a copy of that trust and have an attorney review it. Good luck.
How long after a someone passes is the Executor’s liable for anything after everything has been given out ? Can all the paperwork be thrown away after 5 years ?
That's a good question and I can't give a specific answer. It may vary from state to state and even locally.
For this you need to check with a good local attorney. If the executor gave away or sold items without the other beneficiaries, it is a breach of their fiduciary responsibility to the estate. They could be held liable but the next question is, is it worth the legal costs to persue.
I really need to talk to you !!
Did we talk already? If not, my contact info is on most of my videos or on the website www.TheProbateAgent.com
@@theprobateagent No I haven’t talked to you yet .
OK, give me a call if you still need to chat.
@@theprobateagent What if the decedent house is co-owned in the estate what’s the procedure of probate?
If a person is mentioned in a will, say a nephew. If the Probate Lawyer or the executors of a will, have not advised the bequeath and and ancient invalid will is probated. Can the Nephews contest the Will that was probated, where say after waiting years, on application to Court for grant of Copy of Probated Will , discovers, not only he was Disinherited but one of the Deceased persons children was Disinherited for no apparent reason. Where the trigger was discovery of a company Incorporated by the deceased, is still registered and current and Millions of Dollars reported annual sales; where the bequeathes included in Probated Will includes Class One shares in that Private Publically listed and Registered company, which also has several Related companies, a big clongomerate companies combine annual sales in excess of $3,000,0000,000 per annum?
Obviously this requires the help of an attorney. It should be definitely looked into. It might cost some upfront money for attorney fees but the longer you wait, the more difficult it might be to recover anything.
what happens if the executor chases the benefices decide to ignore you and accuses you of harrasement?
You can file to have them removed as executor. Check with a good attorney on how to do this.
The executor of my mom's trust actually blocked my phone calls which is illegal.
My father appointed my sister as an executor . My mother died last yr and my father just died last month but the deed of the my parents house was for "Tenant in common" can my sister takes 100% control of my mother side of assett? cause my mother has no will only my father
Definitely have an attorney review whatever documentation you have. Are your father and mother biological parents to both you and your sister?
What happens if an executor burns through the profit of the house sale by actively calling creditors to pay debt but just enough so there's remaining money to fulfill a codicil that states that he/she will get a payout? Meaning, if the house sells for $400K and the will includes a codicil that the executor is to get $50K so the executor actively calls creditors to pay $350K with only $50K remaining so that the other beneficiaries don't get anything but the executor gets the $50K as per the codicil. Since the debts are valid, is there no recourse for the other beneficiaries?
That's something for the courts to decide, or if it was at a trust, it's probably predetermined. In most cases, executors of an estate are entitled to compensation because there is a lot of work involved. I know where I live it's about 1% of the estate. So, if somebody is receiving $50,000 for a $400,000 home sale, my next question would be, what other assets are in the entire estate? Even then, that seems high, so it must have been something that was predetermined. Depending on the state that you were in if someone was assigned as the executor and they added the codicil, I'm pretty sure they had to do that with court approval, which I believe would require proper notification of family members. It's definitely something you should consult an attorney on.
@@theprobateagent Thank you!
Can my brother, who is the executor, sell stuff of my father's business and personal belongings and keep the money?
Is there a will or a will and trust? If just a will he has to follow what the probate court tells him to do. If a will and trust he can sell but it should be distributed as the trust says.
I'M appointed Trustee in A Living Trust. Property is left to me and my brother. What happens to the Credit Card Debt? As Trustee, that's what I'm concerned about.
Technically the estate is still responsible for the credit card debt. But what I've heard so many do is just ignore it and it gets written off by the credit card companies. And even though I've never personally heard this happen, supposedly the credit card companies can pursue the debt after the fact. Weigh out your options.
I changed the lock on the door and added a padlock with a hasp. They broke the lock and pried the door open and emptied the building of roughly 50k in contents. Good luck if this responsibility is dumped on you.
Yeah sorry that happened to you. This happens more often then people think. I've seen it numerous times and it's disgusting. It's almost like you practically have to move into the property yourself until it's resolved but that shouldn't be the case. Hopefully you got video or other evidence of them stealing and can prosecute.
Get Living Trust ASAP.
I wholeheartedly agree. Regardless of how big or small the estate is, GET A TRUST!
Pre to som podpálili bytovku aby sa nezvišila 😮cena 😮
Not for what they charge or steal...It's not that flipping hard !!!!!
Not sure which part you're referring to but managing an estate whether you're an Executor of a Probate or Administrator of a Trust it is a lot of work to try to sort out someone's life after they've gone. Not always because of knowing what to do with it but also all the 3rd parties involved that make someone jump through numerous hoops just to do something that should be simple. If you're referring to something else, please clarify.
So how would one verify that after the first death that things weren't ever accounted for? Per se it being a two-part A and B trust that leaves the surviving party trustee and beneficiary with provisions on withdrawing of the principal but is to collect the income until her passing... Now because the testimony trust never gets recorded before death but is it normal for an inter vivos trust document to be recorded through the county recorders office referencing the existence of said trust recorded through deeds. If I located a joint tendency corporation date of trust and assignment of rent with an issued subparcel number all being connected to our family home what happens to the rights of said corporation that was recorded in 1998 through a joint tendency deed my parents' house had 11 deeds recorded over the last 30 years. All I know is that my dad's entire estate was left into that sub-parcel that I can't seem to get any information on he also was a president of two personal corporations as well as held two separate contractors licenses. As far as I know there was talk of a mortgage corporation that is impossible to find any information on. My two siblings named as code executors in the will have been appointed only on my mother's estate into my knowledge nobody has been appointed on my father as when I showed up in court the case was withdrawn and is still pending. My mother passed in January of 2020 and less than 7 Days of her passing there was four to six quit claim deeds submitted on that sub parcel number and the only place that I get that sub parcel number from is the parcel number that's listed on the corporation deed of trust as well as the personal number I have from the copy of the trust that I had to purchase from my dad's financial advisor who is giving me no information besides allowing me to purchase the trust documents yet he took the guardianship and the important retirement/business documents out and his last word to me was if my siblings aren't communicating with me to take em to court. The issue is I've tried to exercise my rights information I submitted a de-154 on my mother's petition to administer his estate but somehow I am now being told through an email that my ex-party objection to my siblings petition to administer my mother's estate and the request for limited authority the production of trust documents verification of trust assets as well as an accounting and inventory was being requested was I informed that my objection was premature and the record of accounting was also premature as the trustees were just appointed that day. The response to my father's stated (I submitted the same letter in both cases) my father said that it was a petition for spousal property only but that I could initiate the proper trust proceeding in request the documents there. I resubmitted a petition against my siblings and the trust as that's what I believed I was supposed to do and ever since then I've been waiting for a court date. They changed the court date to sooner and it's vastly approaching and I know I haven't filled out the correct paperwork but I don't know what I need to fill out ultimately there's a bank account number that's not been accounted for but has since been removed or closed at the very least I need to account for it so I need to subpoena the documents I don't know if I'm at Liberty to do so. Where should I be looking in what should I be most concerned about as it's been impossible to locate a lawyer that understands my mom was unable to change any part of that trust once the first person died, I've since been told that my brother was labeled as payable on death on all my mom's accounts so how do I get the judge to compel them to furnish me with proof not leaving the burden on me as again I have no idea what they've done but I know that my dad was limited on his information he gave out with his business dealings none of us fully knew what he had and my mom had no idea about the outside world his finances or the businesses all she knew is that she would never leave because she would never be able to make it on her own that as much as I want to say my parents had a loving relationship at the end of the day my dad told me my mom was at $20 bet. I'm almost scared to look for their motives on most of their actions but no enough to know they kept me away from my mom started a huge argument attacking me in a drunken rage saying horrible things about my daughter who was just born premature and receiving SSI (this is my third child the first two have medical issues on top of high health risk due to prematurity as well as family history. I almost feel like somebody has been receiving some sort of benefit or using my children under that maintenance and support line and want to say it's possible it has something to do with the corporation because that's the only thing that makes sense in my head as to why my siblings were so upset with me after my father's passing and that's why my brother attacked my daughter in innocent child infant at this point. Nothing is fully making sense in my world because in 2017 after spending some time caring for my sister who was very ill and unable to walk I found out that my baby daddy initiated Court proceedings had a restraining order against me for him and my children... To do all of this and not even inform me to lie under oath and state that I was served knowing I wasn't but continuing the relationship with me again it doesn't add up makes no sense it's like he never intended for me to find out so what would be the motive for him to do so?? My fiance has said a few things in the past years since then that at the time made no sense but looking back at everything now could have been little hints on what's really taking place as he told me one day what do you have you don't even have a family that loves you I love you I will take care of you he was begging me to come back home the home that they kicked me out of after having a hidden restraining order for 3 months. Anyway he proceeded to ask me what I had to buy a house because he had 50 g's in the bank he was laughing like mocking me but again how in the hell did he have $50,000 I quickly wrote it off as alive and kept it in my memory bank now fast forward back to when my dad died and right after my brother blew up on me my siblings called me over to my parents house and wanted me to come alone knowing that's not going to happen as I was instructed to go to my dad's funeral alone as well and everyone else got to bring their families for support and it's kind of been like a fight between these two families me being stuck in the middle so I found it very hard trying to please or please anyone because it's quite frankly neither size are ever satisfied. Needless to say I showed up of course with my better half who in turn jumped in the truck with my brother which is a big No-No I mean he was given direct orders before we even got there but when we pulled up my ex-boyfriend was there who just so happens to be a lawyer and hook line and sinker I guess we both fell for it before you know it we can't get a hold of them and by the time my baby daddy answered the phone my brother was passed out on the floor that made me lose my s*** the fear of not knowing what was going on and knowing that emotions or extremely unmanageable I called my mother-in-law had her pick me up rush to where they were as my sister boyfriend and my brother the other one we're on their way to get my brother that was ko for some reason I thought there was going to be a big fight but the brother who can't stand me at the moment for being with my baby daddy was saying thank you to him and they were trying to carry him to the car. I went home and that was the beginning to the ending of my relationship with my family and ever since then I've been nothing but lied to regarding the trust it's assets and my rights to accounting. After my father passed away my ID went missing for the better part of four months and then popped up one day in a rob pocket that I've worn 100 times furthermore my brother gave me my father's robe one of them anyway that he used to wear when we were kids that is the only thing that I've been given as the rest of them have gotten cars motorhomes boats jet skis and apparently the businesses and it appears the corporations have been dissolved again I can't get any lawyer to help me not even with advise with where to go from here. I can't tell you that I finally did get a hold of their attorney who in turn seems surprised I was calling an informed me he was not dealing with the trust and was told it was done and dealt with already when I asked him by what attorney he told me Earnest Anderson which is a disbarred attorney and just make things more complicated we found out that my dad was an illegal immigrant about 2 years before he died so the secrets are endless and the answers are short I'm trying to piece together a puzzle I don't even know what the pieces look like and wouldn't recognize them from Adam. Please help me with any advice that you can as a friend not a lawyer please LZESSI@yahoo.com
Sorry I have to make a few corrections that you kinda left out.
First of all an executor, trustee whatever you want to call them can do whatever they please. They don’t have to follow any of these laws because they are protected.
Civil cases are one sided, whoever has the money to hire an attorney wins.
The party that cannot hire an attorney automatically looses.
So if you have a trustee that is breaking his/her fiduciary duties not providing you any information or taking trust assets self dealing the whole 9 yards and you can’t afford to hire legal counsel then the only thing you can do is just forget it.
Contingency ?
Another bad idea 👎
I don't know about the part where they don't have to follow any of these laws because they're protected but I do agree with you about who wins. It's the Golden Rule and not the one from the Bible. "He who has the gold, makes the rules".
And yes too often the one's who can't hire a good attorney when needed gets taken advantage of. Thanks for the feedback.
That’s something that should be mentioned.
Because if you don’t have the funds to go all the way then you will not only lose what you have invested in attorney fees you will also lose what you were fighting for.
No matter what the will or trust says in regards to a beneficiary’s right to inheritance is completely at the discretion of the trustee.
Simple fact is that if you are having problems with a trustee and you do not have the money to hire an attorney then you will automatically lose any rights you have.
YOH ARE FOR YOU 🧐 YOU WILL 🥸
druhý krát zhori bieli aj dom 😊