terric0037
Junior Member
What is the name of your state? Massachusetts
I'll try to keep this as simple but as informative as possible. Thanks for any help and advice. We need it!
-Mom passed away, no will, brother named Administrator.
-Dec.1: PreTrial- Judge ordered administrator to pay settlement $ to heirs for Real Estate property (he was purchasing) on or before Mar. 1, also ordered a writ stating no further asset claims to be made by any party to the estate
-Mar.1: No payment received
-Mar. 5: Received notice of certified letter, picked up letter Mar. 8. Administrator's lawyer sent treasurer's checks made payable to the Administrator, not to the heirs, the banks refuse to cash them to the heirs
-Mar. 16: Heirs file contempt charges against administrator concerning checks and that we have not received the asset release statement
-Mar. 17: Administrator leaves me a voice message concerning the checks, insist they are cashable even though the banks refuse (and have given their reasons in writing), and he demands to be sent a mother's ring and NFL football tickets he has previously claimed as estate assets
-Mar. 18: Administrator calls other sister and demands the same assets and tells her that if we do not cash the checks he sent then we are telling the court that we just do not want the settlement $ for the land.
-Mar. 17 & 18: He sends emails to a third sister harrassing her about the assets as well, she had not even received a check yet
-Mar. 19: He has the original checks cancelled, and issues new checks made out to the heirs, mails them, we receive them but haven't cashed them, waiting for trial
-Administrator wants first checks returned to him, we were advised to keep them as evidence for the contempt hearing
-May 16: heirs receive notice that the Administrator is suing us for $1010.00 (lawyer fees and a day of work to attend the contempt hearing on May 26). He said our contempt charges are frivilous and he has caused no harm to the heirs.
1) Is it frivilous that he was late with payment, sent checks made payable to himself that we could not cash, and continues to harrass us for other assets? 2) Do we have just rights in our contempt charge?
3) Sister thinks this is an attempt to try and get us to drop the contempt charges. Can he actually do this if he is the one who did not follow the judges orders?
I'll try to keep this as simple but as informative as possible. Thanks for any help and advice. We need it!
-Mom passed away, no will, brother named Administrator.
-Dec.1: PreTrial- Judge ordered administrator to pay settlement $ to heirs for Real Estate property (he was purchasing) on or before Mar. 1, also ordered a writ stating no further asset claims to be made by any party to the estate
-Mar.1: No payment received
-Mar. 5: Received notice of certified letter, picked up letter Mar. 8. Administrator's lawyer sent treasurer's checks made payable to the Administrator, not to the heirs, the banks refuse to cash them to the heirs
-Mar. 16: Heirs file contempt charges against administrator concerning checks and that we have not received the asset release statement
-Mar. 17: Administrator leaves me a voice message concerning the checks, insist they are cashable even though the banks refuse (and have given their reasons in writing), and he demands to be sent a mother's ring and NFL football tickets he has previously claimed as estate assets
-Mar. 18: Administrator calls other sister and demands the same assets and tells her that if we do not cash the checks he sent then we are telling the court that we just do not want the settlement $ for the land.
-Mar. 17 & 18: He sends emails to a third sister harrassing her about the assets as well, she had not even received a check yet
-Mar. 19: He has the original checks cancelled, and issues new checks made out to the heirs, mails them, we receive them but haven't cashed them, waiting for trial
-Administrator wants first checks returned to him, we were advised to keep them as evidence for the contempt hearing
-May 16: heirs receive notice that the Administrator is suing us for $1010.00 (lawyer fees and a day of work to attend the contempt hearing on May 26). He said our contempt charges are frivilous and he has caused no harm to the heirs.
1) Is it frivilous that he was late with payment, sent checks made payable to himself that we could not cash, and continues to harrass us for other assets? 2) Do we have just rights in our contempt charge?
3) Sister thinks this is an attempt to try and get us to drop the contempt charges. Can he actually do this if he is the one who did not follow the judges orders?