Executrix waived fee but now renigs

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Bob_

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The executrix in our dads estate (our sister) told us after she was sworn in that she was not going to charge an executrix fee. Then before she had even began distribution she charge the estate a $15,000. fee.

If she waived it can she go back on her word and charge it. Also she is basing it on how much work she missed and not on what she did. The estate is valued at $500,000.
She did not have to recover any outstanding loans or pay anything off other than utilities. She did no more then a few days of work.

Is $15,000. accessive?
 
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The will says that the executrix can charge the standard fee for this county or waive it.

The state probate code says 5% of what is taken in or sent out.
She has not taken in or sent out anything.

We beleave she waived the fee when she told us she was not going to charge anything.
 
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Originally posted by Bob:
The will says that the executrix can charge the standard fee for this county or waive it. ....We beleave she waived the fee when she told us she was not going to charge anything.
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I know what result you'd like. :D Would seem tough to argue that she waived the fee just because in conversation she mentioned something of the like, wouldn't you think? I try to use the "do unto others" and "reasonable man" rules as a guide to interpretation and I find it seems to work in most cases. If you were in her shoes and in conversation said something you were considering, should you be held liable for a casual statement like that as an affirmative? Perhaps she realized that it would make real demands upon time to administrate.

There are times when statements will be at the detriment of the one who states them. Best example I can think of is the concept of detrimental reliance. You reasonably rely on someone else's acts, representations or promises, who changes their mind and causes a detrimental result. I'm not sure it's applicable here...
 
She as the executrix made the statement as the executrix. Were we not to believe anything she said?

She was explicit about not charging a fee now she has gotten greedy and wants almost half of the estate.

This is not what our dad wanted and she bragged to several people about how well our dad set things up to make sure we all got an equal share. Now she is using loopholes in the law to go against our dads wishes.

She should be grateful she was not kicked out of the will several years ago, but no I stood up for her and told our dad she should be trusted and now I am being repaid by being swindled by my own sister. :mad:

Why does the law allow for people to get away with lies and betrayal more often then not.
 
Originally posted by Bob:
This is not what our dad wanted and she bragged to several people about how well our dad set things up to make sure we all got an equal share. Now she is using loopholes in the law to go against our dads wishes.
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I don't understand. If your Dad wanted something why did he set up his will this way? Not to be unsympathetic, but it just doesn't sound like a loophole to me if everyone knew that she was entitled to this if your Dad died. It would be simple to just put in the will what he wanted, isn't it?
 
That is just it no one knew this but her. On the day we went to Merril Lynch to see the accounts the guy from Merril Lynch told her she did not have to share it. But she kept making the point that, that is not what our dad wanted that he ment for it to be shared 3 ways. That it was only set up that way for to make it easier for her to split it.

She kept making the point that it was to be shared and she knew it was supposed to be shared. Now she is saying she was wrong. If she knew all along it was to be shared and the will says Share and share alike then shouldn't she?
 
People should own up to the truth. The law can only go so far.
 
Executrix Removed but now wants back.

We successfully had the executrix removed for failing to file the inventory and notice to creditors for over a year. Now she is wanting a new hearing saying she was never notified she was going to be removed.

She was notified twice once by our lawyers and once by the court. Now after she was removed she finnally submitted the inventory and says she has done her job and wants to be reinstated.

I am amazed at what some people will do to keep in control so they can continue to steal from thier family members.
 
Don't know what state you are in and can't answer that adequately. To give you some perspective, some states have executors fees set at a "reasonable rates" that are used in certain circumstances. California, I think, would pay out slightly more than that on a $500,000 estate. It sounds to me like there are a lot of issues - are you represented by counsel? That's a nice sized estate....
 
Yes we do have legal representation. We have a hearing in a couple of weeks. We shouldn't have any trouble at it since all three reasons she has claimed are either false or have no merit.

Plans are to have me named as executor after the hearing.

We are so disappointed in our sister. Not only did she renig on everything she said but now we are finding out that she had over $50,000 in loans from our dad that she never paid back or claimed against the estate. Our guess is she is going to say they were all gifts.

We fill so betrayed by her deciet, I only hope the judge will see what she has done and make her pay back the money she borrowed and what ever else she is hiding.
 
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Wish you good luck with your case. At least you seem to be on the right track. :D
 
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