administrator in contempt of court

[momestate]

What is the name of your state?What is the name of your state? Massachusetts

The administrator of my Mother's estate, our brother, was ordered at trial to pay the heirs by March 1st for a real estate sale to himself. It is now 3 days past the deadline and there has been no money received. There was one message left at a sister's home yesterday by the administrator's lawyer stating that he is aware they are late of deadline, and that his client had three treasury checks made out to himself and was going to "sign them over" to the heirs. This lawyer also wants me to get Mom's past 5 years of income taxes prepared, because it would make things easier for his client. What can we do? This as been a 3+ year struggle with this lawyer and administrator claiming false assets, trying to get the estate for $10, hiding assets, lying in court... there is so much deception by them to the courts and heirs. Are treasury checks made out to the administrator normal?

 

[seniorjudge]

Q: Are treasury checks made out to the administrator normal?

A: Yes.

 

[Alias_joe]

Why would you prepare the income tax statements?
The administrator should.

 

[momestate]

Can we file contempt charges again the administrator? The judge gave the administrator 90 days to pay. We have not received the payment that was due March 1st, ordered by the judge in court. Can the administrator come back at us legally for filing contempt charges when all we have received are phone messages saying they know they are past deadline and that they have treasury checks drawn to the administrator? And more requests that I prepare her taxes.

I know it is the administrators duty to do taxes, not mine, but the lawyer is pressing me to do it to make things easier for the administrator.

 

[seniorjudge]

Q: Can we file contempt charges again the administrator?

A: Yes and he will be allowed to purge himself of the contempt before the court does anything to him. If he does not act to cure the contempt, then the court will take some kind of punitive measures against him.


Q: Can the administrator come back at us legally for filing contempt charges when all we have received are phone messages saying they know they are past deadline and that they have treasury checks drawn to the administrator?

A: The administrator will have the chance to answer the contempt charges, probably 30 days or maybe even less if the judge is getting exasperated with her/him.


Q: I know it is the administrators duty to do taxes, not mine, but the lawyer is pressing me to do it to make things easier for the administrator.

A: If you are a tax professional, there is nothing wrong with the administrator wanting you to do the taxes. It looks like you would want to do this to be able to keep an eye on the administrator.

 

[momestate]

thank you for such a quick response!

I'm just worried that with the problem's we've experienced with this administrator and his lawyer that they could file charges against us for reporting them.

I am not a tax preparer, I'm the oldest child. I had 4 of the 5 years prepared right after my mom's death in 1999 (could not obtain W2's for one of the years), I was trying to clean things up. I took care of contacting all her debtors, etc., and sending out copies of her death certificate.

Out of courtesy I sent her taxes to the lawyer when the adminstrator was named. He has since "misplaced" them, and wants me to have them prepared again, as well as get the missing year prepared and send them to him again. I had already paid $100.00 for the first set of taxes, I would have to pay another $125.00 to do what the lawyer wants, plus the time and aggrivation involved in trying to get the missing year's W2's. There was a compromise in the court settlement, which lost any chance of getting reimbursed for what I've already put out for tax preperation and appraisals.