What an Executor Can and Cannot Do
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- čas přidán 24. 07. 2024
- Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor.
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What is an Executor of Will or Administrator of Estate?
The executor of will or administrator of estate is the individual responsible for handling and completing the probate process for the decedent’s estate. Commonly, a parent may name their oldest or most responsible child the executor of their last will and testament. As such, it is that child’s responsibility to handle the estate’s probate process, including paying debts using estate assets, selling estate property, and distributing assets to heirs and beneficiaries in accordance with the last will and testament.
What are the executor responsibilities to beneficiaries?
Being named the executor of a will brings with it a wide variety of important duties that must be carried out to meet the wishes of the decedent. If you have been named as an executor, here are several of the functions you may need to undertake: (for more info, read “The Executor of Will Checklist”)
- Locate the will.
- Retain an attorney.
- Identify and protect the deceased person’s assets.
- Review the will and keep its beneficiaries informed.
- Notify all other appropriate parties.
- Continue paying bills as needed.
- Start distributing assets of the estate.
- File papers to close out the estate.
Can an executor also be a beneficiary?
Yes. It’s quite common for an executor to be a beneficiary. Consider when one spouse passes away, the living spouse of the decedent is frequently named executor. It’s also common for children to be named both beneficiaries and executors of wills/trustees of family trusts.
What if the beneficiaries cannot find or locate the executor of a will?
If the beneficiaries and heirs of an estate cannot locate the executor of the estate, or if the executor dies, the local probate court will appoint someone to be the executor. The court will issue “letters testamentary,” which document authorizes the executor to act on behalf of and in the best interest of the estate. Note, a living executor can also be disqualified from their role if they are incapacitated, convicted of a felony, or express what the court or beneficiaries believe to be a conflict of interest.
What if the executor cannot locate a beneficiary?
If an executor cannot locate a beneficiary, the courts will need to be convinced that the beneficiary should be deemed deceased. Before the court will do so the executor most show and document that they’ve done the following:
- Reached out to any living spouses or family members of the beneficiary
- Sought the beneficiary’s last known mailing address
- Reached out to previous employers
- Reached out to other individuals in the community
- If the executor, nor the probate court representatives, are able to locate the beneficiary after a set time period, then the missing beneficiary is treated as if they passed away - and their inheritance assets are distributed fairly to the other heirs and beneficiaries.
Can an executor override a beneficiary?
The executor cannot change the last will and testament. It is the executor’s express duty to act in the best interest of the beneficiaries and estate. If an heir or beneficiary feels that the executor is not fulfilling the decedent’s intent, as dictated by the will, then it is the heir’s right to contest the will and pursue litigation, in order to get what they feel is fair, and intended by the decedent.
Can I sue the executor of a will or administrator of the estate?
Yes, an executor or administrator can be sued, just like anyone else. However, if what you are looking to do is challenge the distributions of a will or trust, then you will need to contest the will or trust via probate or trust litigation.
When do I contact a probate lawyer?
Contact a probate lawyer as soon as possible. The sooner you contact a probate lawyer, the more they can do to protect your rights and get your rightful inheritance.
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This is great info & I appreciate you for sharing it.
Well presented!! Clear, straightforward, and helpful!
Thank you very much... words I needed to hear...
Thanks so much for your excellent post. Truly appreciate your content
Excellent!! I was the executor of my parent’s estate. Although I carried out my parent’s wishes from their Trust, if I had to do it again I would have hired a probate attorney to help communicate with one of my siblings who wanted to purchase my parent’s house for significantly far less than the market value. That siblings does not speak to me to this day
Because that sibling is a bitch
So sorry. I don't know why people change so much because of money. My very Christian sister is showing her true colors, and she is supposed to be the executor. I asked for full transparency but it's not being done. The two sisters flip-flop on the initial agreement which my mom stated in the will as "equally divided" and unfortunately my mom forgot to change the beneficiary before she passed. So now they found out they can keep the money. It's really disgusting how they can do this and couldn't care less about the family relationship.
Because the “responsible sibling” named executor whether CHRISTIAN OR ISLAMIC FUNDAMENTALIST turns into a greedy pig once he’s got all that money in his hands. With their spouse pulling his ear they can and WILL skim and screw the other sibling beneficiaries 100% of the time! NEVER …EVER name a family member Executor over the others. Use an unbiased non family entity as Executor otherwise you are guaranteeing you will leave a legacy of a torn family as your last act on this earth. I have not spoken to the living abortion my mother had after I was born and never will! CHRISTIAN…..pfft you think Christians aren’t thieves?
They should be too ashamed to face you over that! A feeling of entitlement!
I’m getting a NICER Schedule A to Z interdiction Trust family defense and management system in April 2024 to prevent these problems. Built by ancestors for arbiter interdiction traditional family lawyers forgery proof administration.
He is so good at communicating. He is a brilliant man. I like his voice and his face.
He’s so handsome 🤣
@@kccolby7562 wonky ears 8/10
Thank you.
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work.
Thank you, this was very concise
Thank you for the info. It confirms more of the research of my legal standing. The first court-appointed executor of the estate of which I am the sole beneficiary filed a fraudulent will contest against me even though he was not related to the deceased party. I was opposed to him being appointed, yet the court disregarded and dismissed my request. The professional fiduciary and his attorneys, used his last name to fool and undermine the court. His name is the same as the deceased party, although there is no relation. The executor/professional fiduciary and his attorneys have been committing fraud and perjury against me since 2014 by filing and maintaining fraudulent claims and cases against me with the intention of having me convicted for alleged crimes. Riverside County has been denying my rights and discriminating against me since 2013. I won my case, yet Riverside continues to persecute me while so many officials ignore the injustice and the crimes that are being committed against me. Please help for the sake of justice and equality.
Get in touch will Russell-jay Gould
Thank you. If issues of probate date are late can beneficiaries still qualify to inherit in England?
I have a true story that is unbelievable except the documents say I'm telling truth and what my brother has done is unbelievably insane.
I have tried to obtain a probate lawyer. But, for the most part, the ones I’ve spoken to consider the case to be too much drama, for what it’s worth. My sibling sounds as if they’ve lost their mind as, they seem to feel that they can decide they’re executor, on their own and, perhaps, that they’ll distribute assets, as they see fit, which include 2 mortgage free properties. Our mother died intestate, however, I’ve found our stepfather’s Will in county records, which name me as both the sole beneficiary and successor executor to my mother. Although I still intend to hire a probate attorney, if I’m appointed executor, I’ve had to write up the OSC, the VC and the Proposed Form of Judgment and submit them to the surrogate office myself, in order to keep the ball rolling.
It is good to know, however, that, should I become executor, I should forfeit the executor fee, to avoid paying taxes on it.
Thank you Sir
Thanks
My stepsister was named and she won't sign paperwork to release my portion of will. She is very passive aggressive.
My probate case starts with my mom diagnosed with cancer in 2020. Toward the end of the summer mom dropped in on a lady who helps get wills, trusts and noterizes. She received an information document from this lady. This document is crucial in my case. The lady told my mom this document needs to be filled out and it's going to determine the direction she takes putting mom's paper work together. When I say paperwork talking about living trust,will, power of attorney, and estate plan. There's three beneficiaries sister who killed my mom my brother and I. Mom put a adopted brother on paperwork also. He was there to see that trustee was fair in every way. Was not getting anything he just loved my mom who raised him. The document I mentioned earlier. So notary lady admitted sister was the one who handed document to her. At her deposition the lady admits when it was handed to her from sister she took it like sister had mom fill it out and signed it. Sister says she filled it out over phone with mom and says she had some nurse take it in to my mom and had her sign it. This document explains why my case is going the way it's going. Mom never saw this document. Couple more reasons. The beginning of the end was, I had been mom's ride to all appointments few months prior to the pill situation. Mom was allergic to vicatin sister knew that. She also knew she had never taken oxycodon. I filled mom's prescription 24 hrs earlier which consisted of 30 pills. I went to girlfriends after I dropped mom off at house. Got home next day around the same time left day before. Walked in and first thing comes out sisters mouth is mom says she want to go to emergency. First thing I say back is where are the pills I left with mom. Sister walked to her purse and handed me the bottle. Walked in mom's room and dumped pills out and counted them. Four pills missing. Mom had never taken oxycodon. Her oncologist when she prescribed them said half or even start with a quarter pill. What my sister didn't know is that same day with her oncologist we set up mom's first kemo appointment for that next week. Mom never came home after that. All of us knew including notary lady mom would be home soon. Notary lady planned on going to house when mom got home to have mom sign everything she needed to sign. Was no communication at all with sister who put herself as trustee. She admitted moms not going to have one of us alone involved in decision making with all decisions. This is where our adopted sibling was to step in. Instead of her reaching out to him to get some things worked out for mom. That never happened. Her being only one involved with all mom's paperwork explains everthing. All she needed to do is get someone else involved. What you know now is a lot. Still need to tell what else she has done. She sold mom's estate for way below market value. Filled out eviction papers on me on the day mom actually passed. This is all in her deposition. What I think is someone adviced her to let the people who bought my house serve me with unlawful detainor. At my trial the judge never let me or my attorney say a word. She said she already had her mind made up there's nothing to be said. What this county did was try my unlawful detainor before I could prove what my sister had done. The two depositions and trial and incident when I first tried to get petition filed with clerks. What I'm about to tell you is the whole truth so help me God. The day I'm talking about is the day the amended petition was filed. So I call court house that morning ask if the people have to be there or if I can go there and file it for them. The answer I got was I don't need the people there. We'll the people were my brother and girlfriend who also lived at estate. So I'm in clerks office trying to get petition filed. What happened next is God. Clerks are telling me my paperwork is not filled out rite. They said it is incomplete and there not attorneys they can't help me. There no way I could explain how that made me feel. What happens next is my brother who has same last name as me was at court house to give a pee test for probation. As he walked by where I was at dealing with these clerks stuck his head in the door. I looked to see who opened the door it's brother asking me if I'm taking care of what I needed to take care of. As that happened I look at the clerks face her jaw hit the ground. To me it seemed like she was dumbfounded. It so clear to me they didn't know there was two of us. I asked her you now know there not one of us. That there are two of us with my last name not one. What happens next. The clerk helping me walked over to another clerk and had her help me with anything I needed help with. They went from telling me go away they can't help me to helping me fully. Get this not only that the office was about to close cause covid. They closed office and let me stay there to complete my paperwork till I was done. Was taught truth wins truth is all I have said about all this. Sorry so long I feel way better getting all this out. Want opinions on my case
WOW. I pray things go your way and this doesn't turn into years of infighting.
Old man to young victim my siblings forged the RLT and threw me on the street so if feel your frustration, The citizens, law and arbiter interdiction traditional family lawyers finally fixed our problems with an acceptable use administration law model that avoids inheritance and legacy wealth transfer crime, and minimized fights with NICER arbiter interdiction triple title registration administration in April.
If you are entitled to a large sum of money or valuable property gets lawyer, but you better be prepared to spend a lot of money also, you will be paying out of pocket while the person you are contesting will be paying for there lawyer from the estate, you’re basically paying for two lawyers, one to help you and one to hurt you.
So true! This is wrong and the law should be changed. For ex if a trustee is breaching, he should not be able to use estate funds to defend them, and on the other hand, the beneficiary is forced to pay for their own attorneys fees to fight for what should hv been there’s in the first place.
the law is set to rob the estate. first the executor runs to the court intel's the court the good news the person died . the judge say graet.then the judge lock's all acounts and beneficiaries accounts. then the judge will apoint the executor. and if it is a self-proof will. even if it was a
forged will. the judge don't care. if the judge appoints the executor this person has the same power as the decedent. now he can goto the banks and remove the beneficiaires. next put the money in 1 account. the judge will order the executor to pay the lawyer fees and court coast. and guess what you get.
Right on spot so for my administration, I’m getting the nicer Arbiter Interdiction, Trust Administration we’re all the cost are standard
7:13 key words that eased my mind i feel so much better
Hello
Question my wife is on the will from her mother. It's been 4 months now and we received a letter with a copy of the will. When can the car be pickup from her home. The guy seem to be impossible to get of hold of so we can get my wife that been willed to her. Thanks enjoyed your post.
Does the letter of authority give me authority to sell the property.Executor gave a letter of authority to the reverse mortgage co .I bought it with sub to contract .How do I put deed on file . My contract should have been filed .
What if there is not a Will? Is a Legal Doc Legal, "IF" ones wife works for an attorney, makes up the "paperwork" needed to appoint her husband executor, then take this document to his 3 brother's home's to sign this document and without knowing exactly what they just signed? I live in Texas and have been kept out of the loop of what's been going on and now my help is needed. I know a lot of laws in Texas but even I know not to sign such document in my home without an attorney present to explain to me what I am signing and without sustaining a copy for my records.
What if we all get the Schedule A to Z traditional family lawyers arbiter interdiction triple title registration Trust to prevent the problem rather than litigation.
The executor can not distribute anything without access or court orders. I am an executor and an heir ad right now I got 2 sisters thinking I'm stealing stuff.
How is it all going?
Can a lawyer be someone's executor? I was asked to be an executor of a VERY financially complicated person's estate, and I'm exhausted just thinking about it! Can I suggest that this person find a good lawyer to execute their will/estate? Any other ideas?
Thank you; appreciate your very educated Executor responsibility;-info
My mother died but she left a will stating that her grandson get s her property that is in her name but grandfather who left her for years and aunt has gone and got the court to give them power of attorney and they are dividing the property with the living children they did this while we were morning my uncle death what can I do in the will the jp and the witness are dead so the layer say it is invaled please help
Can you be an executor in CT if you have a DUI felony over 10 years ago?
Does the attorney need to practice in the state of the complainant or the company who breached their fiduciary duty? (and UMass Boston free legal help said I’d outlined breaches clearly) I know need an attorney to help my send the first communication beyond the one from me, stating I feel I’ve been severely harmed by their breach of fiduciary duties. Please advise.
What do you do when executor doesn’t want to act or renounce from there duties?
what about executor (who is my sister) functions as to protect assets,- as my deceased Moms house, changing locks,*(6 of my Moms aides had keys to her house), my sister who is the executor has not let me in on the colors she is going to be painting inside the house and I may buy the house in the future, from my brother in houston tx. and sister in western ny. I live in austin tx. My sister lives across the street from my deceased Mom and i feel she is taking things into her own hands. She is not keeping me in the loop on important decisions she is making and she acts like I am stupid. I will seek the probate lawyer advice also, that is in charge of probate, Monday. It is hard to still be friends with my sister when she is not disclosing certain things freely to me. without opposition and without bringing up the past...thanks for your advice!
My father died and left a testament.but I can't excute my father 's will because the Widow and my brother hides the deceased documents.what can I do ?
what if there is no will and no executor of administration and they are trying to sell items without following the rules
What if the lawyer as well as the family that are involved with this, are all trying to cover the truth about a particular amount of money that was sent to an address of the person made the will? Is your number and conciliation really free?
Executor Siblings who attempt to clear off with all assests or majority are scumbags, '''sue their ass in court'' they can go to prison for dishonesty and fraud - in UK make sure as beneficiary you get copy of Inventory and the accounting for that inventory which you are perfectly entitled to request - and to all parents, sometimes the child that is crawling around you bad mouthing the other siblings is very often the deceiver, good idea to leave all siblings to be executors and not just one who may be a greedy self entitled jackass.
Um that's exactly what's happening to me my brother is executor of my mom's will/estate is not communicating with me about the estate we are battling in probate now there was property sold and I was to get a 1/3 anyway he gave my other brother his part and said I didnt deserve my part.He was forced to turn in accountability of the estate and another hearing will be scheduled.Why does this have to happen? Losing my mom was hard enough.Its not alot but it's just the principle.
Can a executor evict you from a property that he claims that he owns? My landlord passed away 2 years ago, his son is his executor even tho he does have a wife and she is still living. Now, the son is threatening to evict me, even though my lease is with the wife.
narrator if you live in a small town anywhere in the usa do not use a lawyer in the same town if there are greedy conflicting siblings because a lawyer in a small town can have undue influence on other lawyers of that town and he or she lawyer can call the other lawyer on the phone and make private deals on estate afffairs and make decisions not to the clients best interest on estate issues hire a lawyer from another area county to help with conflicting siblings on estate issues
Same thing happen to me.
yes good advice lawyers all calling each other doing ''deals'' for themselves and not in ''best interest'' their 'dream family' is a broken one who they can play with and charge a fortune..............
How so? By prolonging the case and constantly getting continuances similarly to criminal lawyers?? Lawyers are snakes 🐍
Great advice
Great advice
My grandmother passed, but before she died, she said she was leaving me something. My cousin is the executor and even though in passing he mentioned a will, he DIDN'T say our grandmother left me anything. I didn't want to ask him, but is there way to find out? I know my grandmother saved the cards I sent her and I asked if they find them, could they send them to me. They said they would keep an eye out for them. So far I have heard nothing.
Old man to young grantee you have a right to a copy of the administration entitlement documents, if you know who the lawyer is call them personally and tell than your a grantee beneficiary of one of their clients and please send you a copy of the Will, Trust and power of attorney’s you have any interest in. Hope all goes well.
@JudgeCommitee-ck5wq Thank you for your response. But I eventually did receive a 2 part inheritance. And did receive the documentation.
What happens when wills are fraudulent in signature on a WILL? Also the on the " affidavit of heirship" the /executor/beneficiary lies under oath to say decedent has no family but there is family unto which has been known of for 30 plus years ?
Hi i'm in the UK here so probably under different laws !!!
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I'm in exactly the same situation but i've learned a few things ... hope it helps ???
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Gather copies of previous signatures and copy them ...
(though signiture not 100% binding)
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The lawyer will have made "ATTENDANCE NOTES" in both hand and typed form !!!
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( ask a friend to read these notes out slowly and quietly and write down dates and times but also listen with a "third" ear as clues will be furnished in these notes ) ... ( you can read them yourself but it's difficult if you are stressed )
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( Look for "trends" ..eg. subjected person and the testator getting timelines wrong )
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(may get the demographics wrong about a loved one -- forgot where he/she worked or school they went to)
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Likewise obtain the medical records ... both hospital and local doctor !!!
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( Again search for clues for fitting and side effects with drugs )
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Check out Dr Martin Blinker's youtube video ... it's amazing !!!
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Ensure that the communication is 100% between the lawyer and testator and NOT via a third party !!!
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Check time scale that the will was suggested to completion .. should be quick !!!
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Did the lawyer ever mention the testators health or capacity ???
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Look for bullying ... even in a kind way !!!
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Hey hope this helps ... I feel that this fraud is now big buisness and follows the same pattern !!!
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GOOD LUCK !!!
What happens is you have to go back in time and get an arbiter Interdiction triple title registered wealth management system that avoids the crime and minimizes the fighting. Or wait until April and get a schedule a to Z Interdiction Trust forgery proof, triple register, titles, nicer, acceptable use policy.
I live in the Philippines and I am a beneficiary of CPG Trust. My sister is the excutor of the Last Will and Testament in which assets were put in a trust. 8 years had passed and the executor is not giving the 50% of my share. The executor is not also giving any comprehensive accounting of the distribution and everything.
How do you expect a CA attorney to be familiar with Philippines estate law,?
You don’t have to be a lawyer to advocate helping people when all you have to do is get a copy of the will directly from the Lawyer and sue the executor before the inheritance and legacy distribution transfer and settlement accounts are drained.
Thank you for your comments. It is not easy to file a lawsuit against my sister who lives in USA as well as the liquidated properties put in CPG trust are in Ca. USA. I lived in the Philippines. I’m asking for help if anybody knows how can I pursue to get the balance of my inheritance from the estate administrator ( Filipino who became US citizen). While I am a Filipino citizen who lived in the Philippines. I will appreciate a lot if you can help me.
Theirs a will my mother made and left an old house to me and my 2 sisters and her husband went and made himself executor and he made him a deed to the property that my mom willed to us. Is their any law that he can do this? He didn't tells us about this and we just found it out.He did this in Kentucky and my other sisters live in ky.and I live in tn. The dame place mommys husband lives. Can you tell me what to do?
He can’t-get a lawyer now
How can I locate an Original Trust Documents after death of maker hads been Horrifically Rewritten multiple times I have 3 of 5 Rewritten issues
Take it from an old timer you have to rummage through their paperwork and the computer if you have access legally other than that? they will have triple registration interdiction trust system where you can find out from the Arbiter Interdiction title registration net work after April 2024. I feel your pain a sibling change a Trust document that threw me on the street and cost the administration millions . So after April, no one will be able to change the documents without being detected. It’s a Nicer acceptable use policy.
What happens when I sign a affidavit presented to me by an executor who is a family member..will I waive some of rights to some of my inheritance?
Do not do that
Yeah don’t sign you could end up with nothing
My ex husband has passed away, we have a son together who is 35yrs of age he is a special needs child. My ex and I were divorced in 1996. He has been living with a woman since 96, not married and the last 3 or 4 yrs have been sleeping separately and not acting as a couple.
My son loved his dad very much and just in the last couple of years they have become closer than the yrs prier.
Jimmy had a Will and testament leaving our son 1.00 which is fine but I thinking the Will has been forged. The first page that I have a picture of looks like his handwriting but I have a copy of the Will and the signatures on the first page and pages after doesn't Match. And of course leaving his female friend and her daughter everything
My siblings threw me on the street with a forgery so I’m getting the ancestor client elder built Schedule A to Z triple permission ledger forgery proof Interdiction Trust from arbiter interdiction Traditional Family Lawyers. In April when Nicer AUP goes global.
What if the will was defective because it doesn't say that it was attested by the witnesses in the presence of the testator
I am currently dealing with my father’s estate, we have 7 heirs 1 was a minor and has now turned 18, do I legally have to deal with the ex-wife? I have searched this a million different ways I have not come across an answer. HELP!!
Hire a lawyer to do it
What if the executor decides to get rid of the intended life insurance to the beneficiaries and uses the money for themselves?
That’s exactly what the stepdad of my husband did to him
Life insurance that has a named beneficiary (most do) does not go through probate. It goes directly to the beneficiary named on the policy. But if the policy does not name a beneficiary the policy joins the other assets as part of the estate.
@@user-sw6zu8zb4qRight I just talked to mom's insurance company that has my stepdad as the beneficiary died one year before My mom on the same day one year apart.😭 They put it into her estate.
That is embezzlement and is a crime!
My Brother is the executor on my Mom's estate, a family trust that me and my brother are to split evenly. He thinks he's smarter than everyone else, including the lawyer for the trust. There's a house that needs to be sold, but he refuses to list it, saying "I have plans". At what point should I get a lawyer?
Today!
Now
Depends on how much trust you have and TRANSPARENCY. The lawyer can eat up tens of thousands of dollars. Also causing relationship separation for life. You have but one brother. Keep being advised. Maybe real estate can provide for a livable future for his kid and their future. Rental to produce income.
NOW!
My mother is still living she is in a nursing home with Alzheimer’s which I hate seeing her in there she made me the Executor of her Will ! My brother is also in the Will we don’t speak he tried assaulting me and he just uses his key storms in when he feels like it screaming out that we the people living in my mothers house should all be dead!! I don’t know what to do. I can’t afford a lawyer to help me. I want my mother back home. Someone please help!
Change the locks. Get a restraining order if he still causes trouble.
My fiance passed away. We had a ceremony but never filed the paperwork because it would have effected his social security. He was disabled but the court never granted him his disability because it wasn't visible at the time when he had some physical ability to work a few hours.
I was appointed personal representative by his son. I never met the son and he was from a previous marriage. I have a good rapport with the son via email..he is 3,000 miles away from me. Can I ask him to split the estate money? The house is in a rough neighborhood and maybe I can get $20,000 but it hasn't sold so far. The car is an 85 so its old. I'm paying g fees to keep the lights on and fix stuff and clean. Their is a lot of hoarded junk items in the home. I feel like I'm doing a lot of work but it's so time consuming to itemize hours spent etc. I don't have help tossing stuff out and I have to drive to the house to spend an hour or so tossing stuff out. I can't stay longer than that because I care for my mom. The home is in Michigan.
Also, the executor opens up and estate account bank account
My dad pass away he is on my aunt will can I inherited his share
I really need some help please consider me.
I am going to try very hard to contact your office. I should not be in this situation at all .
I really need help before I end up dead.
Thank you .
Beautiful Blessings To you and yours.
The local probate court will do absolutely nothing until it’s been filed with the court.
So you need to hire an attorney to get it filed with the probate court
Both parents have passed. My sister was made executor - I am to receive 50/50 with my sister who is executor. It’s been 15 months and my sister has given me nothing and all of the property has been gifted or sold or taken by her. During my dad’s death his sister was his caretaker. When it was found that 500 k was stolen by his sister - and confronted by my sister -my dad sister unalived herself. During his death my sister had the will
Changed while he was on his death bed. My kids were taken out of the will and I was given 50% of property. But my sister had him to sign over his life insurance and 401k to her while he was dying at the same time his sister was robbing him blind. I still have nothing. I have not been allowed to go on any of the properties to get what I wanted. I’m hurt and don’t know what to do. Help?
Due to my sisters changing of the will and having him take life insurance policy out of the will given to only my sister.
My dad was raped by both my aunt and sister. What now?
Can a executor/beneficiary buy the family home from their siblings?
Depends on the terms of the trust, if it says it’s ok, then fine, but FOR FAIR MARKET VALUE.
My brother was but my sister was a friend of a lawyer prosecutor who helped cut me oldest heir out. By never reporting assets and selling off vehicles for probate before assets reported. Life policy's and more never reported. Had me abused because I knew sister's were controlling dad by signing onto and using his large inheritance bank accounts. They could leave him one dollar and walk away. Used it to control his being able to help give me money while alive. He turned them in before he died but my brother was set up to do fake probate with sister's prosecutor friend.
Well it turns out that no probate done and Andrew county judge did not remove the Casenet on it says closed not stopped no assets reported and I never received any of the be information on said case. I had been abused by a narcissist my sister hired to distract me so she could do steal my retirement account dad gave me. Since they clearly decided to gank me by turning their backs texted everything cashing all policies and pain mr. Prosecutor Mr stephensen well known for being a poor lawyer and a crook he always takes payments he refused to help me I didn't know if the prosecutor I turned it in Eric Schmitt cleared him because he was elected then Eric Smith said it wasn't up to him to do family probate anyway what's this say clearly states that was his job he took a payoff also there's prosecutor in Buchanan county wouldn't let me see who moved the bank account when I was out of state in the hospital for two and a half months someone moved a bank account with fraudulent information or and I do in my name like identity was stolen in 2014 my family also was bombarding the advisor tending to be made using my emails came so much fraud and larceny happened here I got my memories back 2 years ago so and it's too hot to buy tension no one was supposed to change the retirement account and somebody moved the big account took my name off the oldest daughter only Elizabeth black me younger sister pretended with all the starter at the funeral in order to mingle with the preacher that lied for her to steal the account
They act like I had no rights I guess I don't in the state of Missouri because all you got to do is work at librarian and flirt with a prosecutor to get your whedbee friends with him for twenty years he helped her steal from me that inherited a large amount of money my brother lied even on this statement he made more than 75,000 a small estate without a will
Plus he inherited Love money my father said that the state of Missouri would help me because there's laws for probate I can't tell. When everybody takes payoffs even though there's criminal activity in this all the way to criminal authority figures and they all turned their back on me and treated me like I done something wrong my father's hotline them and turned for people in never heard a word about it and enjoying the money and I haven't received any they turn their back on me they won't talk to me because they stoled from me they treat me like s*** and talk bad about me they told told me lies about me to family members on my mother's side they act like I did something wrong they stoled from me and planned it and did in the state of Missouri I think owes me probate done by then now it would be inherited stuff and retirement that which is also largely no one's supposed to move a retirement account after the person's dead I was the only beneficiary they removed it and put part of it the part of it in a voya account
I havenkidney faulire. Me ans my suater are both exec's. She has locked me our of my deceased fathers house ans is requeste through aolicitors that i stay away.. Can she have this much power? I say no
It's been over 2 years and the executor has cut us off and has not followed the will to pass along distribution money. What can we do?
Go to the court and have them removed. There is a time limit for distribution. There's usually a requirement for the executor to give a copy of the will and trust to the beneficiaries within a specific time
@@C2yourself Thank you do much. Appreciate the info and your insight
I tried to schedule a consultation but line was busy for probate. I will try again on Monday .
Question my Mother has not passed away my Brother sold her home will not show the financials and is using her pension and social security benefits And promised to give me money to move out of the family house and then Said he couldn't after I left in good faith. And I had taken care of her for 8 years in which i bought her food and cared for her for 8 years. What can i do ?
Does he have a POA signed by your mother over her private business or estate?
@@corygillman8610 When I confronted him he would not show her Financials or that he had any power of Attorney.
@@larrygarcia1577 it's a sad situation and I'm in one now too.Once the person passes away POA is of no effect.
@@larrygarcia1577 you can talk to your mom while she still alive if she agrees you can become her POA go through her bank or go to probate.Me and mom went to the bank when she was still alive.My mom left my brother life estate he gets to live in her home for free.Thing is I was her child too so I'm entitled 1/3 of that estate and hes being greedy and took my 1/3 and spent it we're battling in probate.
@@MyMlittleFriends HI Melissa. I'm tired of being angry I asked to see my Mother's Financials and the trust.which he wouldn't show . I also contacted an attorney which She wanted a 15,000 dollar retainer. I'm so tired of being angry at my Half Brother's it not worth it to me. I just never want them in my life anymore more it just not worth the hassle. Thank you very much for reaching out I appreciate it.
3907 s Tyler amarillo
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when there is 2 co-executors who are siblings it is deadly!!!!!
I am the executor of my mothers will but my aunt sold her house but wasn't in the Will can I have her charged with a crime? Any advice?
How did she sell the house if her name isn’t even on the deed. She would have to be in the deed to do something like that. So yes you can sue
@@keithbrown2425 it got situated. She forged it.
@@lionsn11 oh ig she in jail now lol
@@keithbrown2425 I decided not to pursue nothing. But I now own her for life
My mom passed away and created a Will a few years ago but forgot to change the 401K beneficiary to go to three of her children. She wants all of her assets divided up equally. Unfortunately, she forgot to change her 401K beneficiaries to all three children. Can an executor override the beneficiary? One sibling is saying the money should go to her because she's the beneficiary.
Contest the Will.
@@WollongongSkyWatch I wasn't sure if it's a nice thing to do to family, but my two sisters are not providing full disclosure. They are sneaking and hiding without being transparent. Is it even worth it? Karma will get them in the end. The principal is to honor the will which is what my mom would have wanted. I may contest the executor.
@@Nicole-gb4ze I would stand up for what is my right. My aunts have duped me out of so much family property all because my grandparents failed to make correct Wills. My grandfather left me 2000$ in a Will made in 1980. When he died in 2008 I contested, under the encourgement of a lawyer friend in another state (Australia). Due to all my family history of illness and neglect by my parents I was awarded 20k. My barrister said I was an orphan (on paper). All those ppl outside in the waiting room are not here for you - it is disgusting. My grandfather's estate was small, and they owned everything they had, but my aunty and uncle wasted 28k x 2 in an attempt to stop me getting what was legally owed in current monetary value. Families are a mess when it comes to these matters.
p.s. that money went a long way to helping me afford better health care and a few home improvements. In the beginning all I wanted was a mirror from my grandparents home, something my nan had always said was mine. In the days of videos etc now, I would record any such promises by a family member.
@@WollongongSkyWatch It's heart breaking. I was actually thinking of not doing anything and let them have the rest of the assets. We all know what the will stated. I am not sure if I should go through such mental stress which will decline my health. My husband said he will help me. It's what my mom would have wanted.
Thank you so much . I will go down to the courthouse.now I do understand caretaker cousin keep telling me I can't do anything cause my parents both deseced. My Father was honorable discharge from U.S. Navy Philip V. Duarte made a will with my mother Gloria M. Duarte. also my Father did tell me I was to inherit everything that the house was the foundation of the family.one fall I am to help get back up . Up to this day caretaker cousin never or has help me with my share I didn't get anything but my brother got his share. Caretaker cousin cut me off. On all document caretaker cousin wrote on top of the will my mother did want to change no document. But after my mother pass caretaker cousin change everything forgery mom and dad and my name
Now caretaker cousin Tammy L. Duarte own my parents property free money free house.I am the bad guy what caretaker cousin said. Thank you Sir.
My grandma house 3907 s tyler
My mom’s estate was swindled away by fraud and given to caregiver 100%.My mom was neglected 45 years by my brother.He cheated her out of the wishes in her will and even threw away dumpsters full of goods she saved 47years to hand down to me and grand kids . Sold both houses that were to be inherited by her only grandson
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Look into appeal. THERE'S possible crime and you can get it all back well not the 47 years but compensation with proof.
I feel your pain my sibling changed the trust and put me on the street so I’m getting the NICER Arbiter Interdiction Trust Administration at a nickel on the gross administration value to spare my kids the dime on the dollar to avoid the consequences of a Probate Trust administration validation certification litigation quarter cost.
Executor not do good job forme with his attorney they doing fraud for me nliar .why they a disclaimer n I don't say anything .n they don't like give me my assets from my late husband married 20 years .2× I receive to go In court but they sent last minute to have see theme in court .last April 1919. I received the appointment oct 2020 .how I can go see theme in court like that . My attorney no like bring me in court to see theme. Cos of disclaimer .they doing for me
How does an executor openly perform their job without the other people in the will think they are stealing stuff?
Communicate and be transparent.
Good luck
@@onyxopinion1468 My brother is not being transparent. He thinks that it’s his way, and when I request to see the will, living will and life insurance he refuses.
@@GhostBlueEternalFlame well if your in the will you have the right to see it and what’s owned to you if not you can sue.
Copies of administration documents and open communication helped the Wold family in Vacaville Ca.
What if the attorney, now acting judge, lost the will?