whatsagirltodo
New Member
My mom died in sept. 2002, her estate went into probate in October 2002. My brother the executor was late on her mortgage payments from the first day he took over by 3 months(the money was there to make payments). Brother(executor) wanted the house from the start. He has drained every dime mom had. There is no money left to give to the heirs now. All bills are paid except for the house(have been since Febuary 2003). He took her to the bank 2 days before she passed away to get his name on her accounts(checking,savings). Which does not make sense since he is executor and would have excess to these accounts. He is self dealing. He was there across the table while mom wrote her will and corrected her when he felt needed! She said that herself.
The executor is dragging everything out slowly. First this has been going on for 1 year 7 months. Mom dies owing a mortgage. Instaed of having someone rent the house and make the mortgage payments plus have the estate profit off the rent. He the executor had the house sit empty for the past year and 4 months. Was late on every monthly motgage payment so that added late fees..let the house go into collections 4 times and one forecloser that was 24 hours away. The estate accounts had the money to make these payments , he just never did. He did this from day one he took over the estate affairs.
My mom came into an inheritance, where that money went who knows. There are 3 of us kids, he the executor does not tell us anything.
Now 3 months ago he the executor moves into mom's house. He says he's making the payments from his own pocket, well the 1st payment he said he made the estate really made. After that he has not made a payment. The bank has been calling wanting their money. He the executor wants us 3 heirs to own the property together. While he lives there. He promises to make the payments, taxes, insurance ect. I say no way. He has proved he cannot make payments when the money is right there and it's not even his money. I can only imagine how it would go when he takes over! so i said no i want my share bought out.
So he the executor told me ok, fine i will buy out your share. He has been saying this for the past 4 months. He says i will go to the bank and get a loan to buy my share. Than there is always an excuse as to why he did not keep his appointment with the bank. Yes we had the house appraised, know the value. Do i have to wait for the estate to close? I know i can file a partiton, but if that safter the estate closes, than i am doing just want he wants to help pay for the house so his worthless self gets his bills paid by evryone.
Do i have to wait for the estate to get out of probate before i file a partiton? If i have to wait thats what he wants. he wants me to start paying for the house while he lives there. Thats his whole point to have us help him pay for the house.
Can i sue him for draining the estate? Self dealing? will a probate judge look at this and see all the times he was late making payments? How do i get accounting records? Wil acoounting records show me balances, checks written to whom, for what, deposits and withdraws?
Also back in June 2003 one of the heirs(not the executor) was gonna buy the property, for less than FMV. A wavier was written up and said i am not a minor, am a interested party, understand the FMV, understand that it will be sold for less than FMV, understand my inhertitance wil be reduced accordingly. I spoke with the estate lawyer and found out how much i would get(which would be what i would get now just from the sale of the house). So i signed. The heir backed out a month later, never signed. Than in October estate was amended (which = more money taken from estate). Also 9 more months of mortgage payments plus late fees after late fees. Now that brings us to now. Can i withdraw the wavier i signed since it has been so long? any opinions would be great. Sorry if this don't make sense i keep getting signed out and had to hurry to type.
The executor is dragging everything out slowly. First this has been going on for 1 year 7 months. Mom dies owing a mortgage. Instaed of having someone rent the house and make the mortgage payments plus have the estate profit off the rent. He the executor had the house sit empty for the past year and 4 months. Was late on every monthly motgage payment so that added late fees..let the house go into collections 4 times and one forecloser that was 24 hours away. The estate accounts had the money to make these payments , he just never did. He did this from day one he took over the estate affairs.
My mom came into an inheritance, where that money went who knows. There are 3 of us kids, he the executor does not tell us anything.
Now 3 months ago he the executor moves into mom's house. He says he's making the payments from his own pocket, well the 1st payment he said he made the estate really made. After that he has not made a payment. The bank has been calling wanting their money. He the executor wants us 3 heirs to own the property together. While he lives there. He promises to make the payments, taxes, insurance ect. I say no way. He has proved he cannot make payments when the money is right there and it's not even his money. I can only imagine how it would go when he takes over! so i said no i want my share bought out.
So he the executor told me ok, fine i will buy out your share. He has been saying this for the past 4 months. He says i will go to the bank and get a loan to buy my share. Than there is always an excuse as to why he did not keep his appointment with the bank. Yes we had the house appraised, know the value. Do i have to wait for the estate to close? I know i can file a partiton, but if that safter the estate closes, than i am doing just want he wants to help pay for the house so his worthless self gets his bills paid by evryone.
Do i have to wait for the estate to get out of probate before i file a partiton? If i have to wait thats what he wants. he wants me to start paying for the house while he lives there. Thats his whole point to have us help him pay for the house.
Can i sue him for draining the estate? Self dealing? will a probate judge look at this and see all the times he was late making payments? How do i get accounting records? Wil acoounting records show me balances, checks written to whom, for what, deposits and withdraws?
Also back in June 2003 one of the heirs(not the executor) was gonna buy the property, for less than FMV. A wavier was written up and said i am not a minor, am a interested party, understand the FMV, understand that it will be sold for less than FMV, understand my inhertitance wil be reduced accordingly. I spoke with the estate lawyer and found out how much i would get(which would be what i would get now just from the sale of the house). So i signed. The heir backed out a month later, never signed. Than in October estate was amended (which = more money taken from estate). Also 9 more months of mortgage payments plus late fees after late fees. Now that brings us to now. Can i withdraw the wavier i signed since it has been so long? any opinions would be great. Sorry if this don't make sense i keep getting signed out and had to hurry to type.
