Dads dying of lung cancer caused from his job. question about possible wrongful death

[Art_diesel]

Hi all,
I dont know if this in the right section so im sorry if i made a mistake. My dad is dying of mesothelioma. He was in the Navy for 30 years and his lawyer believes thats where he got it. The case was filed in California. My question is more about his will that he has in place. My sister and I are beneficiaries. The problem is my dad named his great niece as the executor. I did have a chance to briefly talk to my dads lawyer and I asked him what would happen if my dad didnt live long enough to receive the settlement if there was one. His lawyer told me it would turn into a wrongful death lawsuit. I then told him that my sister and I were the beneficiaries but that his great niece was the executor of the will. I asked him if their was a settlement would the money go to the executor or would it be evenly distributed to the benificiaries. He said it would go to the estate and that the executor would not physically have access to the money. Even though he answered my question I still am wondering or would like to hear from someone else on this subject. Even though my dads still alive shes already writing checks to herself from my dads bank account. He added her a few weeks ago. Im on his account also and I can see all activity online. My concern is shes going to take his estate and if she can take the settlement money also. Any advice would be greatly apreciated. Thanks in advance.

 

[sandyclaus]

Hi all,
I dont know if this in the right section so im sorry if i made a mistake. My dad is dying of mesothelioma. He was in the Navy for 30 years and his lawyer believes thats where he got it. The case was filed in California. My question is more about his will that he has in place. My sister and I are beneficiaries. The problem is my dad named his great niece as the executor. I did have a chance to briefly talk to my dads lawyer and I asked him what would happen if my dad didnt live long enough to receive the settlement if there was one. His lawyer told me it would turn into a wrongful death lawsuit. I then told him that my sister and I were the beneficiaries but that his great niece was the executor of the will. I asked him if their was a settlement would the money go to the executor or would it be evenly distributed to the benificiaries. He said it would go to the estate and that the executor would not physically have access to the money. Even though he answered my question I still am wondering or would like to hear from someone else on this subject. Even though my dads still alive shes already writing checks to herself from my dads bank account. He added her a few weeks ago. Im on his account also and I can see all activity online. My concern is shes going to take his estate and if she can take the settlement money also. Any advice would be greatly apreciated. Thanks in advance.

I think that a lot of your questions can be answered by understanding what an executor does. Here is a page that explains it in detail:
http://estate.findlaw.com/estate-administration/what-does-an-executor-do.html

It's entirely possible that his death is going to happen very soon, and that she is being entrusted to take care of some of his final arrangements prior to that happening.

If you are concerned about something she is doing, since you also have access to your Dad's bank account, you might want to keep duplicate copies of cleared checks and bank statements for your own records and put them somewhere safe should they be needed later.

 

[las365]

Your concerns about what might happen with the estate when your father dies were addressed at great length in your other thread. Your question here is really exactly the same as what you asked there.

Bottom line: you don't get to control what he does with his money while he is alive or who he appoints in his Will to act as executor.

https://forum.freeadvice.com/wills-trusts-estate-planning-113/question-about-executor-fathers-will-578672.html

 

[justalayman]

in your other thread you were concerned with:

He told my sister the other day that he thinks that im just out for his money. it really hurts me when he says that because its not even close to being true. I dont want my father to lose everything to someone he hardly knows.

well, I guess you can relax, if your concern in this thread happens as he won't lose a thing. So now you can let things be and just be with your father in his remaining time and relax knowing he won't lose out.

You were advised as to what to do in the other thread by latigo. Nothing has changed.

Don't let any grass grow under your feet! You have some serious problems with this will and the estate. And one of the first things that I would do is to move to have the estate administered formally, that is, under supervised administration as provided by Idaho Code Section 15-3-501.

Which means that the administration and settlement of your father’s estate will be under “the continuing authority of the probate court”.

I would also have the attorneys examine the will to see if there is a possibility that it its execution fell short of the required formalities. If the document can somehow be disregarded, that would throw the estate into intestacy and you and your sister would qualify as PR’s and the niece and her husband would be out in the cold.

But you need to move quickly! An informal administration of an estate under the Uniform Probate Code (such as Idaho) is a license to steal! And it takes just a matter of hours or less to get those “Letters Testamentary” issued and certified by the clerk.

 

[Art_diesel]

looks like im going to have to find a different forum. I seem to remember my last thread i got severly bashed but still no answer. its funny how people just want to get on forums and attack people.