NothingIsSimple
Junior Member
What is the name of your state?What is the name of your state?California
My aunt volunteered to be executor of my mother's estate as I was devasted and didnt want to deal with anything at that time. This was 2-11-04. In March of 2005 my aunt went in for surgery and did not make it and died 3-16-05. There were two things left to be signed: waiver of fees and 2003 taxes. My aunt had verbally waived the fees and stated this to both the atty handling the probate and myself.
Now with her passing my greedy yet very rich cousins are stating their mother (my aunt) never mentioned anything about waiving the admin fees and won't give an answer. My atty wrote a letter stating their mother verbally waived the fees not only to myself but to her and her paralegal - so in essence my cousin is basically saying we are liars. y been over a year and I can't pay my mom's monthly bills as well as my own and have been juggling her bills and mine as far as who gets a payment each month.
However yesterday, the court appt me as executor so that was a big relief as I can access my mom's checking/svgs to pay bills due on the estate. However after atty fees and exec fees it would not surprise me if I ended up owing. My atty has sent my cousins and their atty two letters re: the waiver and still have rec'd no response from their probate atty or them.
Since my greedy cousins are just (excuse my language) dicking around - could I not argue the point that fees are payable upon the close of probate and since the duties required of the executor were not completed at the time of her death, the fees are not applicable or at the very least, should be prorated. Almost completed is not COMPLETED.executor of the estate were not completed ut almost completed IS NOT completed. Who is to say she would have or not - I dont feel that it should be assumed she would have and I am only thinking along this avenue because my cousins taking my parents svgs for a job their mother volunteered to do for her sister, not only makes me ashamed they are related but also infuriates me as they are both married to millionaires AND my aunt and uncle did not raise them that way.
This garbage is only occurring because another cousin thought my mom would leave her some money and since my mom didn't and since her death, this cousin has been quite ugly towards me and my gut feeling is she has said something to my aunts kids (in their 40s) and just created unfounded and un justified issues out of spite.
Truth be known I'd hand out whatever money my parents had if I could have them back .
Anyway.....
So, is this something I could challenge in the hopes of preventing them getting $10,000 ?
My aunt volunteered to be executor of my mother's estate as I was devasted and didnt want to deal with anything at that time. This was 2-11-04. In March of 2005 my aunt went in for surgery and did not make it and died 3-16-05. There were two things left to be signed: waiver of fees and 2003 taxes. My aunt had verbally waived the fees and stated this to both the atty handling the probate and myself.
Now with her passing my greedy yet very rich cousins are stating their mother (my aunt) never mentioned anything about waiving the admin fees and won't give an answer. My atty wrote a letter stating their mother verbally waived the fees not only to myself but to her and her paralegal - so in essence my cousin is basically saying we are liars. y been over a year and I can't pay my mom's monthly bills as well as my own and have been juggling her bills and mine as far as who gets a payment each month.
However yesterday, the court appt me as executor so that was a big relief as I can access my mom's checking/svgs to pay bills due on the estate. However after atty fees and exec fees it would not surprise me if I ended up owing. My atty has sent my cousins and their atty two letters re: the waiver and still have rec'd no response from their probate atty or them.
Since my greedy cousins are just (excuse my language) dicking around - could I not argue the point that fees are payable upon the close of probate and since the duties required of the executor were not completed at the time of her death, the fees are not applicable or at the very least, should be prorated. Almost completed is not COMPLETED.executor of the estate were not completed ut almost completed IS NOT completed. Who is to say she would have or not - I dont feel that it should be assumed she would have and I am only thinking along this avenue because my cousins taking my parents svgs for a job their mother volunteered to do for her sister, not only makes me ashamed they are related but also infuriates me as they are both married to millionaires AND my aunt and uncle did not raise them that way.
This garbage is only occurring because another cousin thought my mom would leave her some money and since my mom didn't and since her death, this cousin has been quite ugly towards me and my gut feeling is she has said something to my aunts kids (in their 40s) and just created unfounded and un justified issues out of spite.
Truth be known I'd hand out whatever money my parents had if I could have them back .
Anyway.....
So, is this something I could challenge in the hopes of preventing them getting $10,000 ?
