My jurisdiction is: Tucson, AZ pima county
Our families mother sold her house to my sisters daughter and her husband for 850,000.
The deal was 600,000 down and a personal promissory note of 250,000 was issued to my mother.
The escrow paper was created twice the first time indicated the promissory note of 250,000
and a second escrow paper soon later indicating that the 250,000 was a gift. I learned that my mother had to co-sign for the 250,000 loan and through this process they called it a gift- thus the promissory note between the two parties.
I personally viewed and my mother verified to me that she had the promissory note stored in her personal file cabinet. The note was to be paid in full due upon resale of the house in question. The contract had other stipulations, regarding interest paid etc.
Mother has passed away. The will and testament stated that my sister, who's daughter bought mothers house and another sister and myself are the three trustees of the estate. We saw the estate CPA, he gave us our fiduciary documents- obligations, duties, laws etc.
Both sisters entered mothers' house, her personal items and papers without me as the third trustee being present. The 250,000 note is now been taken- it's missing. Mother's jewelry, silverware and other furnishings are gone as well. They are in collusion saying the note was torn-up and the 250.000 note no longer exists.
They state as well, there was no jewelry when I can prove otherwise that there was expensive jewelry an now its gone. I had a recent meeting with them including my sisters daughter's husband who bought the house. They all said they would pay me my share of the note under the table but they did not want to pay the fourth sibling his share and they did not want to pay taxes to the government for the 250,000 note.
I as a trustee cannot do such a deal that goes against the terms of the trust. What should I do? Ive tried multiple times to make them come to their senses? They gave me an ultimatum, which is- I would have to make up my mind, "be with them or the fourth sibling!" I want what the will has stated!
I had a nervous breakdown from the subversion and the duplicity and the potential loss of the estates equity. Help!
Our families mother sold her house to my sisters daughter and her husband for 850,000.
The deal was 600,000 down and a personal promissory note of 250,000 was issued to my mother.
The escrow paper was created twice the first time indicated the promissory note of 250,000
and a second escrow paper soon later indicating that the 250,000 was a gift. I learned that my mother had to co-sign for the 250,000 loan and through this process they called it a gift- thus the promissory note between the two parties.
I personally viewed and my mother verified to me that she had the promissory note stored in her personal file cabinet. The note was to be paid in full due upon resale of the house in question. The contract had other stipulations, regarding interest paid etc.
Mother has passed away. The will and testament stated that my sister, who's daughter bought mothers house and another sister and myself are the three trustees of the estate. We saw the estate CPA, he gave us our fiduciary documents- obligations, duties, laws etc.
Both sisters entered mothers' house, her personal items and papers without me as the third trustee being present. The 250,000 note is now been taken- it's missing. Mother's jewelry, silverware and other furnishings are gone as well. They are in collusion saying the note was torn-up and the 250.000 note no longer exists.
They state as well, there was no jewelry when I can prove otherwise that there was expensive jewelry an now its gone. I had a recent meeting with them including my sisters daughter's husband who bought the house. They all said they would pay me my share of the note under the table but they did not want to pay the fourth sibling his share and they did not want to pay taxes to the government for the 250,000 note.
I as a trustee cannot do such a deal that goes against the terms of the trust. What should I do? Ive tried multiple times to make them come to their senses? They gave me an ultimatum, which is- I would have to make up my mind, "be with them or the fourth sibling!" I want what the will has stated!
I had a nervous breakdown from the subversion and the duplicity and the potential loss of the estates equity. Help!
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