Executix of my Step Mother's estate estate.

[LindaLittell]

Jurisdiction

Kentucky

I am an executrix of my Stepmother's estate. She passed away in May, of this year, the lawyer who drew up her will directed me to open probate as the judge would not be back in town for a month (I live in Ohio), and he already was to be in another court at the same time. I did as he suggested, at the hearing, I was informed I could sell personal property, but the house I could not sell. It had to be signed by the 8 different heirs.
In the summer, the AC unit went out in the house, although I would try to run down to get things done, it was unbearable with the heat and limited time off work. I have attempted several times to get an auctioneer to help unload the contents of the house, but they were not interested in the contents left in the house. I brought the guns and jewelry to Ohio when she was in the nursing home. I plan on selling these in an auction in Ohio and have located an auctioneer with a license to sell guns.

As usually the case, the brothers would go down, take some things, stating that it was their parents/grandparent's or "pre" my father marrying Sherry. They then turned this to "you shouldn't get anything, we are blood to her, you're not. Now, there is another lawyer involved, wanting an inventory of items I have up here and wanting to know about the life insurance, which I was sole beneficiary of.
I have tried to hire 3 lawyers who will not take the case because probate has already been opened. I have been given an offer on the house with contents left, but the brothers are refusing to sign.
Can I please have someone advise me as to if I need to itemize this list for the lawyer hired by the brothers of things not sold yet, and do I need to show him the life insurance policy? It is obvious I have not done too well trying to settle this estate. Any help is VERY MUCH appreciated.

 

[army judge]

If there is a will that names you executrix you need not volunteer any answers.

You're not under oath, haven't been summoned to court, I suggest you simply say nothing, remaining mute if anyone asks you questions outside of the court/probate proceeding.

However, you need to get your attorney involved.

You may have made mistakes which can prove costly.

In fact, you should immediately report the issues you complain about here to your lawyer.

Most people who aren't aware of the legal process should simply decline any executor or executeix duties. Just because you're nominated doesn't mean you must serve.

Have you been bonded?
This is why most people should deline.
Plus, if stiff is missing, mistakes were made, you'll be named, blamed, and shamed.

What is a Probate Bond in Kentucky?
A probate bond is a type of fiduciary bond (also known as an executor's bond) in a probate court estate. It is a Kentucky state court bond that is issued on the performance of an executor or administrator of an estate. The purpose of the bond is to protect the beneficiaries or creditors of the estate from harm caused by the malfeasance or negligence of the executor or administrator.

In Kentucky, a probate court bond is issued to administrators, executors, conservators and guardians in probate estates.

Kentucky Probate Bonds

You might be in over your head, no, you are in over your head.
Why do I say that?
Because you're seeking advice on an Internet forum, and not asking a real lawyer.

I told you yesterday in your other thread, if the heirs to a property can't agree, the court will partition the property, meaning a forced sale and divide up the profits.

Finally, your issues are too numerous and far too comp,caged to resolve by messaging.

You need to resign, or hire a new lawyer, immediately., not next month but by week's end, if not sooner.

 

[adjusterjack]

do I need to show him the life insurance policy?

If you are the sole beneficiary listed on the policy you don't have to show it to anybody. Just contact the life insurance company for a claim form with which you will need to submit a certified copy of the death certificate and the original of the policy. Make sure you photocopy the entire policy (every page) before you part with the original. The insurance company will tell you if there are any other requirements. But if you are the sole beneficiary that money is completely yours. It is not part of the estate, doesn't have to be probated, and you don't have to use any of the money for the estate's expenses. It's all yours.

 

[LindaLittell]

If there is a will that names you executrix you need not volunteer any answers.

You're not under oath, haven't been summoned to court, I suggest you simply say nothing, remaining mute if anyone asks you questions outside of the court/probate proceeding.

However, you need to get your attorney involved.

You may have made mistakes which can prove costly.

In fact, you should immediately report the issues you complain about here to your lawyer.

Most people who aren't aware of the legal process should simply decline any executor or executeix duties. Just because you're nominated doesn't mean you must serve.

Have you been bonded?
This is why most people should deline.
Plus, if stiff is missing, mistakes were made, you'll be named, blamed, and shamed.

What is a Probate Bond in Kentucky?
A probate bond is a type of fiduciary bond (also known as an executor's bond) in a probate court estate. It is a Kentucky state court bond that is issued on the performance of an executor or administrator of an estate. The purpose of the bond is to protect the beneficiaries or creditors of the estate from harm caused by the malfeasance or negligence of the executor or administrator.

In Kentucky, a probate court bond is issued to administrators, executors, conservators and guardians in probate estates.

Kentucky Probate Bonds

You might be in over your head, no, you are in over your head.
Why do I say that?
Because you're seeking advice on an Internet forum, and not asking a real lawyer.

I told you yesterday in your other thread, if the heirs to a property can't agree, the court will partition the property, meaning a forced sale and divide up the profits.

Finally, your issues are too numerous and far too comp,caged to resolve by messaging.

You need to resign, or hire a new lawyer, immediately., not next month but by week's end, if not sooner.

 

[LindaLittell]

Thank you for your reply. Yes, I got bonded for $200,000. I have attempted to hire a lawyer in KY but have had no luck. I have tried to hire 3 lawyers, but have had no luck. One (the one that wrote up the will) will not return my call. The others have stated they are too busy to take the case, OR it is a conflict of interest since they know my stepmother's brothers.
So, I can proceed with selling the property and just turn in the results of the sale when I close probate? I did, at one time mention that I would let them know when the auctioneer would be selling the guns and jewelry if they are interested in buying anything. I have had the one piece of jewelry appraised that I want to pass down to my granddaughter, and have stated I would pay appraised price to keep it in the family.
I have emails where (in the beginning) they would mention what they had taken, but would flare up if I stated I wanted something. I will see about hiring a lawyer from another nearby town if possible (is that possible?) Again, Thank you!

 

[LindaLittell]

If you are the sole beneficiary listed on the policy you don't have to show it to anybody. Just contact the life insurance company for a claim form with which you will need to submit a certified copy of the death certificate and the original of the policy. Make sure you photocopy the entire policy (every page) before you part with the original. The insurance company will tell you if there are any other requirements. But if you are the sole beneficiary that money is completely yours. It is not part of the estate, doesn't have to be probated, and you don't have to use any of the money for the estate's expenses. It's all yours.

Yes, I was contingent beneficiary, after my father had passed away. (4 years ago). I provided the necessary documents, proving his death, my change of name, my stepmother's death. No other people were named, and we did not need to cash it in to pay for any of her care prior to passing, my father had left her in good shape and she had money in the bank (and still does) to take care of her, her burial, and still provide income for the expenses of the house. Thank you for your response.

 

[army judge]

Thank you for your reply. Yes, I got bonded for $200,000. I have attempted to hire a lawyer in KY but have had no luck. I have tried to hire 3 lawyers, but have had no luck. One (the one that wrote up the will) will not return my call. The others have stated they are too busy to take the case, OR it is a conflict of interest since they know my stepmother's brothers.
So, I can proceed with selling the property and just turn in the results of the sale when I close probate? I did, at one time mention that I would let them know when the auctioneer would be selling the guns and jewelry if they are interested in buying anything. I have had the one piece of jewelry appraised that I want to pass down to my granddaughter, and have stated I would pay appraised price to keep it in the family.
I have emails where (in the beginning) they would mention what they had taken, but would flare up if I stated I wanted something. I will see about hiring a lawyer from another nearby town if possible (is that possible?) Again, Thank you!

Yes, I'd continue seeking an attorney. In many cases its best to hire one from an adjoining county, or even a county or two away.

Because of the current kerfuffle I wouldn't proceed with anything until the lawyer is aboard the good ship, SS PROBATE.

 

[LindaLittell]

Yes, I'd continue seeking an attorney. In many cases its best to hire one from an adjoining county, or even a county or two away.

Because of the current kerfuffle I wouldn't proceed with anything until the lawyer is aboard the good ship, SS PROBATE.

Thank you sir, I will be off work during regular business hours Thurs. morning and will attempt to find one. Again, I appreciate your advice.

 

[army judge]

Thank you sir, I will be off work during regular business hours Thurs. morning and will attempt to find one. Again, I appreciate your advice.

Super, you're welcome. Let us know as things develop. The brothers sound like a bag of trouble. LOL

 

[LindaLittell]

Super, you're welcome. Let us know as things develop. The brothers sound like a bag of trouble. LOL

My dad always said "The oldest brother is a crook, and the youngest one rides the welfare system, too lazy to get a job and work it". They never came around until my dad passed away. There are a lot of things missing, prior to my step mom passing, and she would just say "he wanted to have it appraised". (speaking of her brother). Oh well. Will be happy when this is over! Again, much thanks!

 

[army judge]

My dad always said "The oldest brother is a crook, and the youngest one rides the welfare system, too lazy to get a job and work it". They never came around until my dad passed away. There are a lot of things missing, prior to my step mom passing, and she would just say "he wanted to have it appraised". (speaking of her brother). Oh well. Will be happy when this is over! Again, much thanks!

I've seen it too many times among my own relatives.
I refer to them as death buzzards.
They descend upon the home of the deceased and pick it clean.
I've learned to avoid them, because its a sorrowful sight to behold.

 

[LindaLittell]

I've seen it too many times among my own relatives.
I refer to them as death buzzards.
They descend upon the home of the deceased and pick it clean.
I've learned to avoid them, because its a sorrowful sight to behold.

Hi Again, I have spent a week trying to speak with lawyers as far away as Lexington (2 hrs from Monticello). I have yet to be able to find someone that is even willing to speak to me about the above mentioned situation. I need to at least know if I need to write a letter to the lawyer who gave me the deadline of the 15th of Nov. or should I go ahead and send stuff to an auction as previously planned. I have emails where I have told the brothers I would let them know when the auction is so they could go to it and buy what ever they want. I am at a standstill and need to address things like winterizing the house, getting rid of stuff etc etc. Any suggestion or any knowledge of someone willing to take a case near Monticello KY will be greatly appreciated. Thank you

 

[army judge]

Hi Again, I have spent a week trying to speak with lawyers as far away as Lexington (2 hrs from Monticello). I have yet to be able to find someone that is even willing to speak to me about the above mentioned situation. I need to at least know if I need to write a letter to the lawyer who gave me the deadline of the 15th of Nov. or should I go ahead and send stuff to an auction as previously planned. I have emails where I have told the brothers I would let them know when the auction is so they could go to it and buy what ever they want. I am at a standstill and need to address things like winterizing the house, getting rid of stuff etc etc. Any suggestion or any knowledge of someone willing to take a case near Monticello KY will be greatly appreciated. Thank you

This could become a thorn in your side, if it already isn't.

Tough call for sure.

I'd continue to seek legal advice, even if I had to cold call legal offices and wait to speak with an attorney.

I certainly wouldn't spend any of MY money to do anything.
That means, unless the estate has the funds for things, those things wouldn't get done.

If I couldn't get a lawyer, I'd resign as executrix.

You aren't required to accept an inheritance.
You can disclaim an inheritance, meaning you refuse it and walk away.
Inheritances can be money pits, tax traps, costing you more than the apparent windfall you perceive.

 

[LindaLittell]

This could become a thorn in your side, if it already isn't.

Tough call for sure.

I'd continue to seek legal advice, even if I had to cold call legal offices and wait to speak with an attorney.

I certainly wouldn't spend any of MY money to do anything.
That means, unless the estate has the funds for things, those things wouldn't get done.

If I couldn't get a lawyer, I'd resign as executrix.

You aren't required to accept an inheritance.
You can disclaim an inheritance, meaning you refuse it and walk away.
Inheritances can be money pits, tax traps, costing you more than the apparent windfall you perceive.

Yes, this has been quite frustrating to say the least. I won't be spending my money, there is enough in the estate if I could just find some guidance with this. I guess I need to go down to KY and do the cold call like you said, I just hate to be there by myself. I don't trust these greedy brothers.

If I resigned as executrix, why wouldn't I still get an inheritance? Would the other people named in the will get one? (there are 8 total). Would I turn it over to the state, or to one of the brothers?

Also, If I could find a lawyer willing to look at the emails I have from the brothers and put a stop to their shenanigans, would I be able to write it off against the estate?

 

[army judge]

If there are SEVEN other vultures ready to feast on the estate, to attract my interest the estate would have to be worth north of $1,600,000 in order for each person to receive $200K, before taxes.

That's my reasoning, if I were in your shoes.

You know better than anyone here as to what the estate is worth.
Don't value a home that might sell at $300K, only consider assets such as cash on hand, or easily liquidated assets (valuable paintings, coin collections, stamp collections, mink coats, etc).

Garden tools, lawn mowers, furniture, clothing don't take that into consideration.
Those things ay be worth millions to you for sentimental reasons, but nothing to a willing buyer with cash. Same thing for a home, unless it sells quickly, it's worth nothing. A home is like a taxi with the meter ticking, because to keep it sellable, takes cash. Unless the estate is cash heavy, that cash has to come from the potential recipients. Most recipients only want to feast, not invest.

Taxes are the great unknown, inheritance taxes, maybe unpaid taxes, perhaps other liens and debts are owed by the estate.

Plus, the probate court gets a cut, and a few other undeserving government types will appear demanding some of the hot action, too.

 

[LindaLittell]

If there are SEVEN other vultures ready to feast on the estate, to attract my interest the estate would have to be worth north of $1,600,000 in order for each person to receive $200K, before taxes.

That's my reasoning, if I were in your shoes.

You know better than anyone here as to what the estate is worth.
Don't value a home that might sell at $300K, only consider assets such as cash on hand, or easily liquidated assets (valuable paintings, coin collections, stamp collections, mink coats, etc).

Garden tools, lawn mowers, furniture, clothing don't take that into consideration.
Those things ay be worth millions to you for sentimental reasons, but nothing to a willing buyer with cash. Same thing for a home, unless it sells quickly, it's worth nothing. A home is like a taxi with the meter ticking, because to keep it sellable, takes cash. Unless the estate is cash heavy, that cash has to come from the potential recipients. Most recipients only want to feast, not invest.

Taxes are the great unknown, inheritance taxes, maybe unpaid taxes, perhaps other liens and debts are owed by the estate.

Plus, the probate court gets a cut, and a few other undeserving government types will appear demanding some of the hot action, too.

Thank you for your reply, No. The estate is very minor when it comes to what you have mentioned above. It has little cash value, (enough to keep the house going for the winter) the house is not worth much, a little 2 bedroom ranch on 10 acres. Not many collectibles. Most that has been taken were my dad's, and they have been sold,(or are going to be sold) and the money put into the estate fund. This is why when a neighbor offered $5,000. for contents and full asking price for house (as per 3 realtors) I leaned that way. One brother signed a makeshift contract for the same amount, but is now telling his lawyer it is too cheap. He is the one that plays the medicaid system. This is not a get rich quick thing for any of us 8. Again, many thanks for your help.

 

[army judge]

Thank you for your reply, No. The estate is very minor when it comes to what you have mentioned above. It has little cash value, (enough to keep the house going for the winter) the house is not worth much, a little 2 bedroom ranch on 10 acres. Not many collectibles. Most that has been taken were my dad's, and they have been sold,(or are going to be sold) and the money put into the estate fund. This is why when a neighbor offered $5,000. for contents and full asking price for house (as per 3 realtors) I leaned that way. One brother signed a makeshift contract for the same amount, but is now telling his lawyer it is too cheap. He is the one that plays the medicaid system. This is not a get rich quick thing for any of us 8. Again, many thanks for your help.

Bingo, you can use the "small estate" probate.
Affidavit of heir ship, and its all done.
It's cheaper, easier, and quicker.

Here's how:
.
.
Probate Shortcuts in Kentucky | Nolo.com
.
.
Small Estate Affidavit Kentucky - Small Estate Affidavit Form
.
.
Kentucky Small Estates General Summary Law – Small Estates
.
.
Free Kentucky Small Estate Affidavit | Affidavit Of Heirship Form | PDF - Word
.
.

 

[LindaLittell]

Bingo, you can use the "small estate" probate.
Affidavit of heir ship, and its all done.
It's cheaper, easier, and quicker.

Here's how:
.
.
Probate Shortcuts in Kentucky | Nolo.com
.
.
Small Estate Affidavit Kentucky - Small Estate Affidavit Form
.
.
Kentucky Small Estates General Summary Law – Small Estates
.
.
Free Kentucky Small Estate Affidavit | Affidavit Of Heirship Form | PDF - Word
.
.

Unfortunately, we are over by a few thousand. Almost small enough though, if you don't count the house. Thanks. Linda

 

[army judge]

Unfortunately, we are over by a few thousand. Almost small enough though, if you don't count the house. Thanks. Linda

The house might not be worth what it once was.
Or, the buzzards may have feasted on some delicious, tasty stuff. reducing the estate's value already.
Won't hurt to try.