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Duties of the PR...to execute instructions of Will?

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sixpack

Junior Member
What is the name of your state? Minnesota

PR has not received correct instructions of Duties of PR. If a Will states specific instructions as to how the estate is to be handled to hiers, can this PR do anything differently? Unfortunately, he has been told that he can do some things and not have to do some things. For instance, he was told that POA could still write checks out after death without being a beneficary of the account. He was never told that the PR is responsible for making sure the bookkeeping was done, paying bills and the correct way to do this. He has put himself in a situation that is not good. The attorney is now handling the bookkeeping because he does not want to. He also told me that he is charging me for it because he is mad that I checked on some information that I thought was wrong...as it turned out...it was! I am not happy with how things are going and do not want him in trouble, but he doesn't seem to understand how things should be set up for probate. The atty who is handling this also represents my brother and his business as well as my parents will. This is the same brother is was POA. Everything seems to be wrong here. Any advice would be appreciated.
 


Dandy Don

Senior Member
So YOU should send the PR a letter informing him that the POA expires at the death of the decedent, and if attorney is now handling the accounts, the problem seems to be temporarily solved. Personal representative does have authority to write checks if he has letters testamentary from the court.

Exactly what is being done differently than the will instructs?
 

sixpack

Junior Member
Okay, so I have advised him, he is not liking me too much about it. (about the POA should not write checks out) PR is out of state. PR states that now he is having the lawyer do the bookeeping and it will come out of my pocket.(portion of estate) because I found this situation out and stopped it. (The bank account under dead Fathers name and not an estate account which is what POA was writing checks and getting cash from).
Will states "equal split four ways". There isn't much here, after all said and done. I am trying to determine "what actually can be done and what cannot".

Thanks ...you certainly answer a lot of confusing questions...I appreciate your help.
 
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anteater

Senior Member
Since the PR does not like you much any more anyway, tell him that, if he tries to take any attorney or bookeeping fees solely out of your share of the estate, you will make his life as PR a living hell. Those are estate expenses, not your expenses.
 

sixpack

Junior Member
Thanks

Thank you for your response. I really appreciate it. If I have to be "rigid" here, I guess I will be. I hate having to do that, but since I am "marked" now...well. I would rather have family do well together when times like these are upon us, but it has been brutal and I hate to admitt my family can be this way.
 

ellencee

Senior Member
It appears that there is going to be only one person to financially gain from this estate...the attorney. I predict the estate will be settled once all of the estate's debts are paid and the attorney has been paid the balance of the estate's funds.

You have to ask yourself is it, or was it, worth it to question/argue if the PR was handling the estate in a mistake-free manner. After all, the PR was doing this for 'free' whereas the attorney is charging at least $100 per hour for his secretary to sit and write out checks to pay the debts of the estate...and, $25 of each $100 paid to the attorney could have been yours.

EC
 

Dandy Don

Senior Member
Just make sure you get some type of accounting or figure out how he figured your share--he has no business charging you for anything and he needs to be challenged on it if he actually goes through with that.
 

ellencee

Senior Member
The attorney will be paid out of the estate; everyone's share will be affected. Quite possibly, everyone is going to be upset with the OP's actions resulting in deductions to each share of the estate through payment to the attorney.

EC
 

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