Estate abused by executor

[dhcracker]

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

My grandfather died in jan 2011, come to find out he had signed a new will. His previous will devided his assetts up amongst his grandkids and great grandkids and this new one made my mother the executor of the estate, and I'm not sure but maybe even sole beneficiary. I know its long past the time to challenge the will, however a friend of mine has told me that my mom went to the hospital one day when he was sick and told him if he didn't sign this she was gonna leave him there. And u can tell the way he signed his name not from left to right along the line but vertically up and down and then later the copy had been doctored to where that wasn't visible that something was wrong. Further he told me before she even produced the will she started selling the assetts of the estate for her own personal debts, and she continued doing this actually she never settled any of my grandfathers accounts. Now they are about to sale the place over taxes and also the mortgage company wants its debt recovered. There was over 80,000 dollars of assetts sold off the property and we can't find where any of it went to.

I don't really care if I get anything out of this or not, I would however like to save my grandfathers legacy for future generations to enjoy. Is there anything that can be done at this point>

 

[Dandy Don]

No, there is nothing you can do, unless you want to pay the tax liability or the outstanding mortgage debt.

Why didn't this "friend" tell you (back in 2011) what your mother supposedly did?
You don't even know what the will says.
You have no inventory to prove what assets your mother took.
Selling the place for taxes??---what kind of taxes---property taxes?

Was any will even ever submitted to the probate court for processing? Probably not.

The debts should have been handled during the probate process, if there was a probate process.

Go to the county courthouse and look at the file that has the paperwork for the will, and review the file to see exactly how the estate was handled, and then consult a probate attorney if you want to figure out what to do next.

Probably best not to interfere and just leave everything alone.

 

[dhcracker]

No, there is nothing you can do, unless you want to pay the tax liability or the outstanding mortgage debt.

Why didn't this "friend" tell you (back in 2011) what your mother supposedly did?
You don't even know what the will says.
You have no inventory to prove what assets your mother took.
Selling the place for taxes??---what kind of taxes---property taxes?

Was any will even ever submitted to the probate court for processing? Probably not.

The debts should have been handled during the probate process, if there was a probate process.

Go to the county courthouse and look at the file that has the paperwork for the will, and review the file to see exactly how the estate was handled, and then consult a probate attorney if you want to figure out what to do next.

Probably best not to interfere and just leave everything alone.

Actually she submitted this will and did a probate, but everything on it is not true. Further she hand listed his debts and didn't even put them all down. After posting this I called one of the witnesses on the will and he had no clue what I was even talking about.... We paid the taxes for her and hired a bankruptcy attorney for her, but its just a matter of time until this comes up for auction again.

I now know both the probate filed at the courthouse and the will itself are forged documents, and I can prove it without a shadow of a doubt. Is there anything that can be done? Or should I just let my granpda's poor preparation for his estate play out... my mother hates my guts anyway always has my grandfather raised me. Its apparent she just couldn't stomach dividing assests with anyone so had this will forged...... Now I understand why my grandfather tried to rip out that ventilator to talk to me last I saw him, and why his fentanyl drip was set to a lethal level immediately after. I will never put power of attorney in one of my kids hands or anyone hands that stands to benefit from my death.

 

[Dandy Don]

You will need to discuss this situation with a local probate attorney to help figure out your options, and ask if there is a statute of limitations.

If you can afford to purchase the home, then please do so. Since you say the taxes were paid, it is not going to come up for sale because of taxes, but probably because the mortgage has not been paid.

What your mother did was certainly illegal, depending on how the assets were titled, but is the dollar value of what you might recover from her actions, worth it for what you will be paying in legal fees?

Is she the only surviving heir of her father (does she or does she not have any brothers and sisters?)?
Was she the only beneficiary listed in the will?

Normally during the probate process a legal notice is published in the local newspaper so that creditors can file a claim with the estate to get any outstanding bills/debts paid. It's a complete mystery as to why the mortgage company did not file a claim with the estate to be paid, unless they did not see the legal notice about your grandfather's probate case being opened.

Look at the will to see if an executor's bond was exempted (which means it was not required to have been purchased) or if in fact an executor's bond was purchased. If an executor's bond was purchased, you may have recourse to file a claim if you can prove assets were misappropriated/stolen.