2 years later....estate still open......issues with executrix......what to do?

[blacksheep1]

What is the name of your state (only U.S. law)? Pennsylvania

I appreciate you bearing with me as I have a handful of issues
Mom passed away 5/2010 and left everything equally to the 5 remaining children, of which I am one
One sister is the executrix.
Mom's affairs were all in order, she had no bills other than a few predeath medical bills, total $700.00 I used to do her taxes for her and was well aware of her financial situation.

2 years later....estate still not closed.
One issue lies with a year round vacation home and 4 undeveloped lots that was left to all of us. The home and lots are individually taxed and deeded. I am not as financially stable as my other sisters and will not be able to afford the costs associated with the upkeep of the vacation home however I want to keep my names on the deeds to the undeveloped lots..after struggling with "what to do?" I shared my requests for my siblings to buy me out of the vacation home 18 months ago. Their response was not what I expected.....They expressed that it was not "fair" to them if I was only named on the undeveloped lots. Words were exchanged and our relationship has suffered.

Fast forward to 5/2012 Sister executrix signed a Fidicuary Deed naming each of us on all of the property. When I learned of this, I advised that my financial situation did not change and that I still could not afford to keep the vacation home...again requested that they buy me out. They did respond by offering to buy me out of the vacation home and 3 of the 4 lots.....I would own 1 lot , for a price, indivudually. I was advised that if I did not agree to what they offered within 3 weeks, they would sell everything. (I giave them 18 months and they give me 3 weeks?) While the offer is inviting, the lot they "chose" for me to buy is not a favored one. It is not waterfront like 2 of the others are .....so I guess they expect me to somehow propel myself from my lot to our shared pontoon boat (another subject) in order for me to enjoy it. Question....since deeds were signed in May....the estate is not longer in control of the property, correct? And if they did want to sell, they would need my signature, correct? As part owner, do I not have 1st right to buy if the want to sell?

I will leave you with the above issue and add more subjects later. Thanks for responding!

 

[tranquility]

It seems like an attorney is appropriate. Fairness is not necessary, correctness is. I don't see what the problem is beyond the OP wanting to control more than she has the ability to control. But, if things were done incorrectly, it could set up the executrix for breach of fiduciary duties.

Question....since deeds were signed in May....the estate is not longer in control of the property, correct?

At common law, deeds must be signed and delivered for the transfer to take place. I don't see a specific statute in opposition and don't find a case either, so will assume it true still. Did you get a copy of the signed deed?

And if they did want to sell, they would need my signature, correct?

Arguendo, the OP has legal as well as beneficial title, yes.

As part owner, do I not have 1st right to buy if the want to sell?

Co-owners get no preference on buying their property (absent other agreements).

 

[blacksheep1]

It seems like an attorney is appropriate. Fairness is not necessary, correctness is. I don't see what the problem is beyond the OP wanting to control more than she has the ability to control. But, if things were done incorrectly, it could set up the executrix for breach of fiduciary duties.

[/QUOTE] At common law, deeds must be signed and delivered for the transfer to take place. I don't see a specific statute in opposition and don't find a case either, so will assume it true still. Did you get a copy of the signed deed? [/QUOTE] Yes, while the executrix signed the deed on May 2, 2012, it was recorded June 20, 2012, and the estate attorney mailed me a copy.

[/QUOTE] Arguendo, the OP has legal as well as beneficial title, yes. [/QUOTE] I am the OP, correct?

[/QUOTE] Co-owners get no preference on buying their property (absent other agreements).[/QUOTE] Thank you. Being that I own 1/5 already and it is undivideable, I thought I would be able to have 1st right of purchase if the others wanted to sell.
Now, on to another question...

For the past 27 months the estate has been bearing the costs associated with the vacation home. There has never been any intention of selling it and extended family members have used the home for weekend visits and weekly vacations. I understand that as part owner, I am responsible for the taxes and homeowners insurance, but there was never any discussion regarding the utilities and who would be responsible for them. Since I advised my siblings of my desire for them to buy me out, me and my grown children have not visited the vacation home to try and keep the peace. Phone, electric, gas, etc is getting paid monthly from the estate and I do believe it is still being paid by the estate despite new deeds. Is this normal practice?

Ready for some more?....The executrix has never provided me with any updates to the estate; when I asked a question the response was either an "I don't know" or "I have not heard from the attorney". Last comment was "the attorney tells me what and when to do it". I went to the courthouse and copied documents from the probate file. One document of interest was the inheritance tax; It was initially due 2/2011 but was not filed until 8/2012. Knowing that my mother's affairs were in order, I would be hard pressed to accept that the delay was a necessity. The result was a penalty. No big deal, but this is just the start of believing that someone is dragging their feet. In the inheritance tax document, assests are listed to include a POD. However this POD was process outside of the estate; the mutual fund retirement account was equally distributed to each of us, by check from the mutual fund company. I understand this amount has to be listed on the inheritance tax doc, but it was not listed on Schedule G where it should have been. I believe the result would allow the executrix and attorney to recieve more of a fee than allowed. I think POD's are limited to a 1% fee, correct?

Appraisals: by request, 4 days ago I received the appraisals for my mother's personal property. These appraisals were done in 2010. By viewing the document I know that it is not all inclusive. The items that would bring in more $$ are not listed (ham radio, silver coins, 1920's Christmas ornaments, Lionel Train Sets, etc). What do I do about this & is it normal that the items on the appraisal have not been distributed? Note: it is not necessary for the estate to have to sell any property to pay debts, etc. My mother's total debts were $700.00. 90% of the items on the appraisal are at the vacation home and I am sure they want to retain them if they are going to keep the property, hence maybe the delay in any talks about distribution. Maybe they thought I would not notice? Another dragging of feet?

One item that is not on the appraisal is the pontoon boat. Sister Executrix has not carried any insurance on the boat as, explained to me, she would have to put the boat insurance in her name and she would be liable.....she was not comfortable with this. ?? Is this not her job as executrix? She has a note on the boat....."ride at your own risk". So, if their is an accident, someone gets hurt....who is liable? If the boat is vandilized....who is responsible?

Thanks again for your insight; most appreciated!

 

[tranquility]

Is this normal practice?

All estates are different. What is "normal" is irrelevant. What is legal and not a breach of one's fiduciary duties is. If the vacation home has been distributed, the estate can no longer be paying on it as a general rule and in the facts mentioned. (In the first instance because the estate would not have the power if the property was not in the estate and in the later as it benefits some beneficiaries to the detriment to others.)

As to the rest, it seems more about whining than about helping the estate move along. If you think you've been hurt, get an attorney. There is not anything you will be able to prosecute yourself so you might as well start things rolling. I'm not going to participate in a death of a thousand cuts to the person administering the estate. But, you have at least one valid concern of substance (Other potential valid concerns don't really amount to much.) and I'd make sure the administrator knows you are represented by an attorney. It tends to focus them on doing right.

 

[curb1]

You need to develop a line of communication with siblings. If this gets into a legal mess because of lack of communication, it is going to be very expensive and unnecessary.

 

[blacksheep1]

You need to develop a line of communication with siblings. If this gets into a legal mess because of lack of communication, it is going to be very expensive and unnecessary.

I do agree that it may end up in some type of legal issue. Hopefully hiring an attorney, and maybe just a letter from him/her will be all it takes to move this along in the correct direction. I have been more than patient and unfortunately one of my siblings is used to taking control (not the executrix) and she is not one to negioate. It is her way or the highway and my other siblings allow her to take control. For some reason, my take is the others do not believe I am entitled to the undeveloped lots if I am not contributing to the cost of the vacation home. All I want is to retain a piece of my past, at a place that my parents loved, whether I am in a tent or in a hammock, to leave to my children and their children. While It may appear that I am whining...the cause is total frustration

 

[curb1]

I will repeat, this is a communication problem more than a legal problem.

You said, "I shared my requests for my siblings to buy me out of the vacation home 18 months ago. Their response was not what I expected.....They expressed that it was not "fair" to them if I was only named on the undeveloped lots. Words were exchanged and our relationship has suffered".

This is a numbers situation. You should be able to get an undeveloped lot in exchange for your interest in the house and the other lots. What was their offer concerning the situation? Are all of them against you?

 

[blacksheep1]

I will repeat, this is a communication problem more than a legal problem.

You said, "I shared my requests for my siblings to buy me out of the vacation home 18 months ago. Their response was not what I expected.....They expressed that it was not "fair" to them if I was only named on the undeveloped lots. Words were exchanged and our relationship has suffered".

This is a numbers situation. You should be able to get an undeveloped lot in exchange for your interest in the house and the other lots. What was their offer concerning the situation? Are all of them against you?

I wish I knew how to communicate with the unwilling.
Their response to my request for a buyout of the vaca home and retaining my 1/5 interest in all the undev lots was initially no.
I never expected them to force me to own property knowing full well that I cannot afford it.
I can afford the taxes on the undeveloped property.
As stated, since the exec filed new deeds giving each undivided ownership on ALL property, they did offer to buy me out of the vaca home and 3 lots....I would buy them out of 1. If I do not agree, they stated that they would put everything up for sale.
Which goes back to my initial question....could they sell the property without my signature? I know all about the Petition for Partition

 

[curb1]

You said, "As stated, since the exec filed new deeds giving each undivided ownership on ALL property, they did offer to buy me out of the vaca home and 3 lots....I would buy them out of 1. If I do not agree, they stated that they would put everything up for sale."

Isn't that what you wanted, to have one lot and not be involved with the house?

You said, "All I want is to retain a piece of my past, at a place that my parents loved, whether I am in a tent or in a hammock, to leave to my children and their children."

 

[anteater]

Which goes back to my initial question....could they sell the property without my signature? I know all about the Petition for Partition

No. A sale requires the approval of all co-owners.

As for executor compensation... The statutory language is "reasonable and just." One of the baseline cases regarding compensation produced a probate judge's percentage guidelines. And other judges chimed in, "Yeah, I have mine too." And while the higher courts growl and grumble some about percentage guidelines, they've never told the lower courts to burn their guidelines. The higher courts have also stated a number of times that approval of compensation falls within the purview of the probate courts.

All of which means, if the compensation request is within the court's informal guidelines, the court will likely approve it unless an interested party makes an objection.

 

[blacksheep1]

You said, "As stated, since the exec filed new deeds giving each undivided ownership on ALL property, they did offer to buy me out of the vaca home and 3 lots....I would buy them out of 1. If I do not agree, they stated that they would put everything up for sale."

Isn't that what you wanted, to have one lot and not be involved with the house?

You said, "All I want is to retain a piece of my past, at a place that my parents loved, whether I am in a tent or in a hammock, to leave to my children and their children."

I did not come on this sight to argue or defend my position. I can to ask some questions. instead my comments are being used against me as darts.

What I wanted is: Buyout of the vacation home only and to retain my ownership on ALL the undeveloped lots.

Other details to all of your above questions are listed in my earlier posts.

 

[blacksheep1]

No. A sale requires the approval of all co-owners.

As for executor compensation... The statutory language is "reasonable and just." One of the baseline cases regarding compensation produced a probate judge's percentage guidelines. And other judges chimed in, "Yeah, I have mine too." And while the higher courts growl and grumble some about percentage guidelines, they've never told the lower courts to burn their guidelines. The higher courts have also stated a number of times that approval of compensation falls within the purview of the probate courts.

All of which means, if the compensation request is within the court's informal guidelines, the court will likely approve it unless an interested party makes an objection.

Thank you Anteater. I appreciate you sharing this with me as previously I was quoted the Johnson Fee Schedule

 

[curb1]

You realize you are being contradictory.

You said, "All I want is to retain a piece of my past, at a place that my parents loved, whether I am in a tent or in a hammock, to leave to my children and their children".

Then you said, "What I wanted is: Buyout of the vacation home only and to retain my ownership on ALL the undeveloped lots".

What is the value (appraised value) of your interest in the vacation home? Did you discuss money? What is the appraised value of the undeveloped lots?

 

[blacksheep1]

You realize you are being contradictory.

You said, "All I want is to retain a piece of my past, at a place that my parents loved, whether I am in a tent or in a hammock, to leave to my children and their children".

Then you said, "What I wanted is: Buyout of the vacation home only and to retain my ownership on ALL the undeveloped lots".

What is the value (appraised value) of your interest in the vacation home? Did you discuss money? What is the appraised value of the undeveloped lots?

Curb1, I am not being contradictory when "a piece of my past" is indeed the undeveloped lots. I did explain in my initial posting of my request to keep my name on all of the lots, it was not added at the end of my postings.
I own 1/5 of each parcel of which I want to retain. The parcel or lot that my siblings want to sell to me is the least desireable of the 4 and is not waterfront property. How would I enjoy or access the pontoon boat that we share if I do not have any rights to the waterfront lots? Not to mention fishing on the waterfront with the grandkids.
As far as appraisals, that is another story. The appraisal is from 2010 and the property was appraised as a whole rather than individual deeded lots and real property. Apparently, when I requested the buy out, the executrix asked for a breakdown by lot, but she was advised by the appraisal company that they would require an additional $200 per lot for them to do this. The executrix said she would not pay it. So, I was offered 1/5 of the standing appraisal as a buy out....and then I would have to buy them out of the 1 lot at today's going market value. In addition, there were no comps in the immediate vacation setting area, which is on a natural lake, and comps were taken from the same township but from less desireable residental areas.

 

[curb1]

You have 1/5 ownership in the vacant lots (that is ok?). The only problem seems to be an agreed upon buyout price of the house. How far apart are you? This will not be solved until you can put numbers on the value of the house and each lot. That would be one of the first things that an attorney would need.

The way this stands with the lack of communication, the best way to solve this will be to sell the entire property and divide the proceeds equally. Or, everyone can throw a bunch of legal fees into the mix and make payroll for a couple of attorneys.