I am an heir to my mother's will, one of my brothers is the executor. I have proof he has lied to the probate court & that he is procrastinating to use the family business for his own personal goals. He does run the family business which I own 1/3 of. We have another brother, an heir as well, that lives in CA (who has all the liquid assests [life ins., monies from sell of parents home, etc.] invested in safe forms there) who is also 1/3 owner of family business. None of us speak to each other because of this matter now. The will was submitted a year ago for probate, and there it just sits. The executor, my brother, asked for an extention of time to get an inventory of assests filed, it was granted and he still has not file those and his time has expired for this extension. I have contacted the probate court & the attorney of record. I have not received any communication from the court or the attorney at this time. I did send the attoreny letter return receipt requested.
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How do you change the executor of a will?
- Thread Starter CAW_
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Send the attorney another letter (certified... good move the first time!) and tell him that repeated attempts to contact him have been unsuccessful and that he does not return contact. You should inform him of what you want to discuss and that you will also hold him personally liable should you determine that the value of the estate has diminished which would not have but for these delays.
Make sure that your brothers lies are worth mentioning. If they don't amount to much then you will look just like another disgusted relative who is more emotional than logical. The focus should be on how the failure to properly administrate hurts the case.
Make sure that your brothers lies are worth mentioning. If they don't amount to much then you will look just like another disgusted relative who is more emotional than logical. The focus should be on how the failure to properly administrate hurts the case.
Reply to TheLaw.com from CAW
I have not heard from the attorney of record (not even the "green" card) or my brother but I have heard from the court. They on my behave, have written letters to both my brother and his attorney asking that the Inventory of Assets be filed as they are in violation of a court order. However, the court did extent the time for filing until the end of Jan. 2003. I am going to attend a legal clinic tonight and will let you know what I find out there and what I am advised to do. Thank you for you reply and help.
I have not heard from the attorney of record (not even the "green" card) or my brother but I have heard from the court. They on my behave, have written letters to both my brother and his attorney asking that the Inventory of Assets be filed as they are in violation of a court order. However, the court did extent the time for filing until the end of Jan. 2003. I am going to attend a legal clinic tonight and will let you know what I find out there and what I am advised to do. Thank you for you reply and help.
Because of the Holiday Season, the legal clinics have been closed until January, 2003. So I got no answers there.
I would still like to know how I go about asking the probate court to change the executor of my mothr's will. So far I have not found a simple form to use so I am assuming I have to write the court a letter in "legalease"?
Thank you for your previous answer. I have documented everything so far and I don't think proof will be a problem. He is hurting the estate becuse he is "skimming" funds from the family business that is only 1/3 his. Plus he is four (4) million dollars in debt and the business isn't worth that amount of money!! I wish!
Anything else I should/can do to speed up this probating process?
I would still like to know how I go about asking the probate court to change the executor of my mothr's will. So far I have not found a simple form to use so I am assuming I have to write the court a letter in "legalease"?
Thank you for your previous answer. I have documented everything so far and I don't think proof will be a problem. He is hurting the estate becuse he is "skimming" funds from the family business that is only 1/3 his. Plus he is four (4) million dollars in debt and the business isn't worth that amount of money!! I wish!
Anything else I should/can do to speed up this probating process?
"people behaving badly" (for JLB)
You are SOOOOOOO right! It brings tears to my eyes when I realize what my brothers are doing!
My efforts however have not been all in vain. The probate court has heard me and they have sent my brother (the executor) and his attorney a letter telling them they are in violation of a court order. The attorney did call the court with some lame excuse and the court told him in no uncertain words that they would wait a few more days because of the holidays but if an Inventory of Assets was not filed VERY soon the court would file charges against my brother and he would have to appear before the court for cause. He would have to then explain to the court why he didn't get off his dead "back side".
What has happened in your situation? Want to "bounce" questions and ideas off each other?
I will continue to keep the forum updated as this saga progresses.
You are SOOOOOOO right! It brings tears to my eyes when I realize what my brothers are doing!
My efforts however have not been all in vain. The probate court has heard me and they have sent my brother (the executor) and his attorney a letter telling them they are in violation of a court order. The attorney did call the court with some lame excuse and the court told him in no uncertain words that they would wait a few more days because of the holidays but if an Inventory of Assets was not filed VERY soon the court would file charges against my brother and he would have to appear before the court for cause. He would have to then explain to the court why he didn't get off his dead "back side".
What has happened in your situation? Want to "bounce" questions and ideas off each other?
I will continue to keep the forum updated as this saga progresses.
Re: "people behaving badly" (for JLB)
Things have been pretty stagnant over the holidays. My father's stock broker has admitted stealing from him, as the first step in a plea arrangement. The attorney for the estate is dealing with his attorney over the amount. The brokerage has upped their settlement offer a bit.
Overall, we're about a third of the way to where we need to be to settle without litigation.
The attorney for the estate is going to ask the court for permission to file suit against the broker and the brokerage and to appoint Special Litigation Counsel. At that point, of course, the amount required to settle will increase because of the increased legal counsel expense. The attorney for the estate will no doubt also ask to go on a contingency basis at the same time (upping his fee from a small % set by the state to a minimum of 25%).
My brother calls grudgingly occasionally because his wife forces him to, but he will not discuss this. My stepsisters don't speak to me at all.
I spoke with the County Attorney last June and his office has never followed up with me, so I will be sending him a pretty detailed inquiry this week.
Things have been pretty stagnant over the holidays. My father's stock broker has admitted stealing from him, as the first step in a plea arrangement. The attorney for the estate is dealing with his attorney over the amount. The brokerage has upped their settlement offer a bit.
Overall, we're about a third of the way to where we need to be to settle without litigation.
The attorney for the estate is going to ask the court for permission to file suit against the broker and the brokerage and to appoint Special Litigation Counsel. At that point, of course, the amount required to settle will increase because of the increased legal counsel expense. The attorney for the estate will no doubt also ask to go on a contingency basis at the same time (upping his fee from a small % set by the state to a minimum of 25%).
My brother calls grudgingly occasionally because his wife forces him to, but he will not discuss this. My stepsisters don't speak to me at all.
I spoke with the County Attorney last June and his office has never followed up with me, so I will be sending him a pretty detailed inquiry this week.
Update (for JLB and any interested others)
Update: The probate court did send letters to both my brother's attorney and my brother informing them that they were in violation of a court order. The attorney called the court and wanted more time and the court said no. An Inventory of Assets was then filed quickly by my brother for 1/3 of the total amount of the estate. He has also left off a few items. I can't get a copy of the I of A for about two weeks from the court (it has to be put on film first). I emailed my Calif. brother asking him for his help with this matter hoping to see more clearly just where he stood at this point in time. His reply was that he thought me shameful that I didn't trust our executor brother and that I should just be more patient with him. I suppose he is just overlooking the fact that I have been lied to time and time again!! All of this has caused a little action on both my brother's parts...some of the monies are becoming available some time before the end of Feb., 2003. One of the small estate trust deeds in Calf. with that brother will be closing then. Supposedly I will receive those monies. I personally am not holding my breath! My executor brother wants to talk to me regarding the estate; at this point I have not talked with him for fear of what I might say that I would regret later. I want to wait and see what happens by the end of Feb., 2003. Will let you know when something happens further....
These are somethings I have learned in my travels....... I finally got to a legal clinic after the holidays and these are some of the things an attorney told me.
1. There are other ways to "help" this situation along without asking the probate court to appoint another executor and get some of the same results. Ask the Probate Court Judge for an accounting of the estate. This will get the jugde to look into why nothing has been done and why I don't have an accounting as an heir. My Mother's will states that this should be done by the executor (most wills do). In most states there is a time limit on when Wills have to be probated, I of As have to be submitted to the court, etc. My brother is WAY PASS the due dates. If another exector is appointed by the court, the whole family business can be sold to satisfy the heirs. My brother would not have a say so or a job!
2. It is hard to prove fraud and blackmail in court and I would have to prove either or both if I take my brother to court on one or both.
3. Before I went to a legal clinic I talked to an attorney who wanted as his fee $5,000.00 down and 40% of whatever I got. In all fairness to him, I must say he did warn me that that was a very steep price to pay and I should think about it before deciding on my action. Since I don't have $5,000.00 to blow like that...my decision was pretty well made for me.
4. Legal clinics are very helpful but are normally for things like divorces, etc. There aren't enough attorneys to go around for everyone. Since I live in a different city than the Estate's Probate Court (and the estate city is MUCH larger) I am going to see if I can find a legal clinic there to take my case.
5. If I end up having to hire an attorney, I can ask the court to reimburse me because I should not have had to do that in the first place.
6. I wish I did have an attorney. It would be a lot less wear and tear on my nerves to put it all in his/her hands!!
Anything further happened with your situation? At least you have someone admitting to lying. Did you get your letter written?
Update: The probate court did send letters to both my brother's attorney and my brother informing them that they were in violation of a court order. The attorney called the court and wanted more time and the court said no. An Inventory of Assets was then filed quickly by my brother for 1/3 of the total amount of the estate. He has also left off a few items. I can't get a copy of the I of A for about two weeks from the court (it has to be put on film first). I emailed my Calif. brother asking him for his help with this matter hoping to see more clearly just where he stood at this point in time. His reply was that he thought me shameful that I didn't trust our executor brother and that I should just be more patient with him. I suppose he is just overlooking the fact that I have been lied to time and time again!! All of this has caused a little action on both my brother's parts...some of the monies are becoming available some time before the end of Feb., 2003. One of the small estate trust deeds in Calf. with that brother will be closing then. Supposedly I will receive those monies. I personally am not holding my breath! My executor brother wants to talk to me regarding the estate; at this point I have not talked with him for fear of what I might say that I would regret later. I want to wait and see what happens by the end of Feb., 2003. Will let you know when something happens further....
These are somethings I have learned in my travels....... I finally got to a legal clinic after the holidays and these are some of the things an attorney told me.
1. There are other ways to "help" this situation along without asking the probate court to appoint another executor and get some of the same results. Ask the Probate Court Judge for an accounting of the estate. This will get the jugde to look into why nothing has been done and why I don't have an accounting as an heir. My Mother's will states that this should be done by the executor (most wills do). In most states there is a time limit on when Wills have to be probated, I of As have to be submitted to the court, etc. My brother is WAY PASS the due dates. If another exector is appointed by the court, the whole family business can be sold to satisfy the heirs. My brother would not have a say so or a job!
2. It is hard to prove fraud and blackmail in court and I would have to prove either or both if I take my brother to court on one or both.
3. Before I went to a legal clinic I talked to an attorney who wanted as his fee $5,000.00 down and 40% of whatever I got. In all fairness to him, I must say he did warn me that that was a very steep price to pay and I should think about it before deciding on my action. Since I don't have $5,000.00 to blow like that...my decision was pretty well made for me.
4. Legal clinics are very helpful but are normally for things like divorces, etc. There aren't enough attorneys to go around for everyone. Since I live in a different city than the Estate's Probate Court (and the estate city is MUCH larger) I am going to see if I can find a legal clinic there to take my case.
5. If I end up having to hire an attorney, I can ask the court to reimburse me because I should not have had to do that in the first place.
6. I wish I did have an attorney. It would be a lot less wear and tear on my nerves to put it all in his/her hands!!
Anything further happened with your situation? At least you have someone admitting to lying. Did you get your letter written?
Well, that's pretty much the way ours was going, only we saw it upfront. We agreed with the attorney for the Estate, at the time of my fathers death, that it would be wise to have the court appoint an Executor rather than attempt to do that ourselves. We were interim administrators for about a month, just to keep things flowing and do the things that needed to be done.
So, when our siblings struck out against us (wrongfully) it was a simple matter of explaining that we are required to fully disclose to the Executor everything we did on Dad's behalf.
During the time we had control (about 3 months) we put more than $20,000 INTO his bank account, investigated and uncovered why and how he had been defrauded and haven't taken a penny out, not even to pay for cell phone calls or any of our travel expenses (it's 1000 miles roundtrip to take care of stuff and we did several of those).
We also took care of several items that Dad had not, such as collecting on my stepmother's insurance policy, as she had pre-deceased him, plus collecting on his policies, VA, civil service, etc., which was distributed directly to both myself and my brother and stepsisters.
Yet, human suspicions being what they are, we are not surprised they my siblings have behaved badly. Not being in the loop they are convinced we have dealt with them in bad faith. I might add that upon my father's passing each of my siblings called to ask how long they would have to stick around at the time of the funeral. Each of them asked if we would meet and have the will read and the money passed out. When we told them, "No," they did not even wish to meet to see what we had discovered thusfar concerning the Wills and the missing money. One of them left to drive home (out of town) directly from the cemetery. One who lives in the same down did not wish to meet with us even tough we were less than a mile from her place. My brother and his wife stayed overnight after the funeral and then left the next morning.
At least my brother and his wife came by Dad's apartment to go through the sentimental items and take a few things. My stepsisters did not want anything concerning their mother of their childhood.
My stepsisters would not even help me write the obituary, which I needed to identify all on their side of the family, so it was very lacking in the newspaper.
So there my wife and I were, all alone, having to deal with Dad's possessions on top of the financial fraud and all of the other parties that needed to be dealt with.
So, when our siblings struck out against us (wrongfully) it was a simple matter of explaining that we are required to fully disclose to the Executor everything we did on Dad's behalf.
During the time we had control (about 3 months) we put more than $20,000 INTO his bank account, investigated and uncovered why and how he had been defrauded and haven't taken a penny out, not even to pay for cell phone calls or any of our travel expenses (it's 1000 miles roundtrip to take care of stuff and we did several of those).
We also took care of several items that Dad had not, such as collecting on my stepmother's insurance policy, as she had pre-deceased him, plus collecting on his policies, VA, civil service, etc., which was distributed directly to both myself and my brother and stepsisters.
Yet, human suspicions being what they are, we are not surprised they my siblings have behaved badly. Not being in the loop they are convinced we have dealt with them in bad faith. I might add that upon my father's passing each of my siblings called to ask how long they would have to stick around at the time of the funeral. Each of them asked if we would meet and have the will read and the money passed out. When we told them, "No," they did not even wish to meet to see what we had discovered thusfar concerning the Wills and the missing money. One of them left to drive home (out of town) directly from the cemetery. One who lives in the same down did not wish to meet with us even tough we were less than a mile from her place. My brother and his wife stayed overnight after the funeral and then left the next morning.
At least my brother and his wife came by Dad's apartment to go through the sentimental items and take a few things. My stepsisters did not want anything concerning their mother of their childhood.
My stepsisters would not even help me write the obituary, which I needed to identify all on their side of the family, so it was very lacking in the newspaper.
So there my wife and I were, all alone, having to deal with Dad's possessions on top of the financial fraud and all of the other parties that needed to be dealt with.
No formal Executor?
Did your father not name an Executor? Did he have a Will?
It is late here.....but I wanted to ask you the above questions. I will write a longer reply tomorrow.
You sound like a very honest, trusting person.......how DO we get so taken in by our families??
My executor brother still has not called me "regarding" my mother's estate.....seems to me if he "needed" to talk to me so badly he would have tried to call me again!
Did your father not name an Executor? Did he have a Will?
It is late here.....but I wanted to ask you the above questions. I will write a longer reply tomorrow.
You sound like a very honest, trusting person.......how DO we get so taken in by our families??
My executor brother still has not called me "regarding" my mother's estate.....seems to me if he "needed" to talk to me so badly he would have tried to call me again!
Re: No formal Executor?
To answer your last question first, I have not been "taken" by my family. It is them who suspects I have "taken" them, so I am your brother in their eyes. Truthfully, and frankly, my family members are petty, jealous and insecure.
As to Wills, many elderly people have Wills written long ago and figure they have everything in order. Actually, they don't. The wills are defective.
In my Dad's case, the financial institution named as Executor does not exist anymore (actually never existed by the name stated). It was not "self-proving" (I believe that's the proper legalese). So, it had to be approved by Probate court. The attorney for the Estate was able to find those who "witnessed" it.
He also had to locate a "step-granddaughter", daughter of a deceased step-daughter, whom my two step-sisters have disowned. When I asked them who she was, during my tenure as Interim Administrator, they denied that she existed (as if that would take her out of the Will)!
To answer your last question first, I have not been "taken" by my family. It is them who suspects I have "taken" them, so I am your brother in their eyes. Truthfully, and frankly, my family members are petty, jealous and insecure.
As to Wills, many elderly people have Wills written long ago and figure they have everything in order. Actually, they don't. The wills are defective.
In my Dad's case, the financial institution named as Executor does not exist anymore (actually never existed by the name stated). It was not "self-proving" (I believe that's the proper legalese). So, it had to be approved by Probate court. The attorney for the Estate was able to find those who "witnessed" it.
He also had to locate a "step-granddaughter", daughter of a deceased step-daughter, whom my two step-sisters have disowned. When I asked them who she was, during my tenure as Interim Administrator, they denied that she existed (as if that would take her out of the Will)!
Originally posted by CAW:
Did your father not name an Executor? Did he have a Will?
It is late here.....but I wanted to ask you the above questions. I will write a longer reply tomorrow.
You sound like a very honest, trusting person.......how DO we get so taken in by our families??
My executor brother still has not called me "regarding" my mother's estate.....seems to me if he "needed" to talk to me so badly he would have tried to call me again!
People behaving badly saga
It seems to me that YOU are the ONLY one doing anything to get this mess probated and cleared up. Does everyone else just want to sit and do nothing? How are they helping/not helping you? What HAVE they done anyway?
My parents did a VERY detailed Will....doesn't seem to stop anything from going wrong. I think one of the tricks to a "good" Will being probated correctly and how the Will maker wanted is to have three people from a reputable establishment be the executors; costly but it would get the job done.
Where are you?
It seems to me that YOU are the ONLY one doing anything to get this mess probated and cleared up. Does everyone else just want to sit and do nothing? How are they helping/not helping you? What HAVE they done anyway?
My parents did a VERY detailed Will....doesn't seem to stop anything from going wrong. I think one of the tricks to a "good" Will being probated correctly and how the Will maker wanted is to have three people from a reputable establishment be the executors; costly but it would get the job done.
Where are you?
Re: People behaving badly saga
I'm in Missouri. My Dad (and the Estate) are in Iowa. No, no one else has done anything, but that point is moot now. Only the Executor can do anything and the attorney for the Estate works for the Executor. The Executor and the attorney for the Estate represent the interests of the Estate (my Dad) and do not (cannot) represent me, or any of the other heirs.
So, now, none of us can do anything.
I am still going to put a letter together to the County Attorney, so that he understands that things are not going well with the negotiation between the Estate and the broker and his brokerage (those two entities are also at odds in this) and that possibly other crimes were committed which are not being prosecuted.
Originally posted by CAW:
It seems to me that YOU are the ONLY one doing anything to get this mess probated and cleared up. Does everyone else just want to sit and do nothing? How are they helping/not helping you? What HAVE they done anyway?
My parents did a VERY detailed Will....doesn't seem to stop anything from going wrong. I think one of the tricks to a "good" Will being probated correctly and how the Will maker wanted is to have three people from a reputable establishment be the executors; costly but it would get the job done.
Where are you?
I'm in Missouri. My Dad (and the Estate) are in Iowa. No, no one else has done anything, but that point is moot now. Only the Executor can do anything and the attorney for the Estate works for the Executor. The Executor and the attorney for the Estate represent the interests of the Estate (my Dad) and do not (cannot) represent me, or any of the other heirs.
So, now, none of us can do anything.
I am still going to put a letter together to the County Attorney, so that he understands that things are not going well with the negotiation between the Estate and the broker and his brokerage (those two entities are also at odds in this) and that possibly other crimes were committed which are not being prosecuted.
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