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Executor of will not communicating, lawyers contacting me about estate and bills!

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nicomnorris

Junior Member
What is the name of your state (only U.S. law)? NJ

My father passed away in March 2016 and left a will leaving his house to my brother and I. There is an executor of the will, a close friend of my father. His mother just so happened to be my fathers power of attorney, she helped with everything medical and financial. Both of these people whom are impossible to get a hold of.

I received a letter in the mail from a lawyer, They claim I owe $30,000 for medical expenses, $12,000 for lawyers fee and between $5-20,000 for executor commission. A total of almost $60,000 that as stated on the phone when I called, "should have been paid yesterday"
I didnt hire this lawyer, I assume it is the executors lawyers as my fathers lawyer passed away. I don't feel as though I should have to pay these fees and pay the medical expenses immediately. I am more than happy to set up a payment arrangement on his bills.

My fathers house has 2 tenants which generates income, a total of $24,000 per year. This is more than enough to pay for everything. The problem is, my brother and I are in the dark as to anything thats going on. I feel like we are being bullied and they are using scare tactics to get money quick.

We have NO INTEREST WHATSOEVER in selling the house as I previously mentioned the house has tenants that generate income. It has also been in our family for over 30years.
The Income that to this day, the power of attorney still receives. For what ? I'm not sure since she is clearly not paying his bills.
When he was still alive she always REASSURED us that all his bills were paid so I don't know why all of a sudden he owes so much. I have never trusted this woman, and even in my fathers final year he hated her guts and told her he didn't need her help anymore as he was able to make his own decisions and I would take care of his bills. We have taken POA back and forth with this woman when my father was alive, every time it was changed to my brother and my name she would just take it back.

I feel HELPLESS and don't know what to do, I'm desperate for help. I've been researching online and I don't know where to begin. The first letter I received was in May telling me that the executor was appointed in probate court April 25th, which I was never notified about the court date or else I would have attended in hopes that none of this would be happening. The letter also included a copy of the will.

The will, is fishy, the witness signatures are dated 11/2012 and the notary is dated 10/2013 One entire year in between signatures. ALso one of the signatures is the executors mom, my fathers Power Of Attorney.

I need help! I'm wondering if I should get a lawyer to look at things. The POA has already been having real estate agents look at the house. And she has been pointing out all the negative parts of the house during their walkthrough, as though she doesnt want a good appraisal. But appraisal for what???? we don't want to sell!
 


rowz

Member
Sorry to read about this.

Long story short: It is time to get YOURSELF a lawyer. It IS going to cost you $ to hire them.

Maybe as much as 3 or 5K [and UP] to get started, though an initial consult can/will be free.

Save a bit of the lawyers time by getting yourself to the Courthouse/Hall of Records/Probate Office where probate was filed and request to see the file on the case and get copies of as much the file as you can which should include a copy of the will and the "letters Testamentary Administration", which are the legal authority provided by the Court that allow the Executor to act as the representative of the estate.

This can save you a lot of time and get things rolling quicker. [and is a good education & not hard to do.]

As an heir you should not have to pay any bills of the estate BUT if the estate does not have enough $ to pay these bills you may have to sell the house to pay them OR you could pay them yourself.

DO NOT hesitate. Find the lawyer ASAP. A good place to look is one that is near the Courthouse. If all is as you say a Bulldog of a lawyer will at least put the fear of Gawd into them and get them to do their fiduciary duties in a responsible manner.

No one but YOU will work on your behalf, not the Exec, the estates lawyer or the lawyer for the Exec.

Good luck. Updat your progree if you can
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

My father passed away in March 2016 and left a will leaving his house to my brother and I. There is an executor of the will, a close friend of my father. His mother just so happened to be my fathers power of attorney, she helped with everything medical and financial. Both of these people whom are impossible to get a hold of.

I received a letter in the mail from a lawyer, They claim I owe $30,000 for medical expenses, $12,000 for lawyers fee and between $5-20,000 for executor commission. A total of almost $60,000 that as stated on the phone when I called, "should have been paid yesterday"
I didnt hire this lawyer, I assume it is the executors lawyers as my fathers lawyer passed away. I don't feel as though I should have to pay these fees and pay the medical expenses immediately. I am more than happy to set up a payment arrangement on his bills.

My fathers house has 2 tenants which generates income, a total of $24,000 per year. This is more than enough to pay for everything. The problem is, my brother and I are in the dark as to anything thats going on. I feel like we are being bullied and they are using scare tactics to get money quick.

We have NO INTEREST WHATSOEVER in selling the house as I previously mentioned the house has tenants that generate income. It has also been in our family for over 30years.
The Income that to this day, the power of attorney still receives. For what ? I'm not sure since she is clearly not paying his bills.
When he was still alive she always REASSURED us that all his bills were paid so I don't know why all of a sudden he owes so much. I have never trusted this woman, and even in my fathers final year he hated her guts and told her he didn't need her help anymore as he was able to make his own decisions and I would take care of his bills. We have taken POA back and forth with this woman when my father was alive, every time it was changed to my brother and my name she would just take it back.

I feel HELPLESS and don't know what to do, I'm desperate for help. I've been researching online and I don't know where to begin. The first letter I received was in May telling me that the executor was appointed in probate court April 25th, which I was never notified about the court date or else I would have attended in hopes that none of this would be happening. The letter also included a copy of the will.

The will, is fishy, the witness signatures are dated 11/2012 and the notary is dated 10/2013 One entire year in between signatures. ALso one of the signatures is the executors mom, my fathers Power Of Attorney.

I need help! I'm wondering if I should get a lawyer to look at things. The POA has already been having real estate agents look at the house. And she has been pointing out all the negative parts of the house during their walkthrough, as though she doesnt want a good appraisal. But appraisal for what???? we don't want to sell!
There are some things that you need to understand. When someone dies their estate is responsible to pay for any outstanding debts, before anything is distributed to the heirs. The executor of the estate is responsible, under the law, to ensure that those bills are paid. The executor is responsible under the law, to sell any property, like the house, to cover the bills.

Its not actually your choice whether or not to sell the house. They are telling you that you need to pay the outstanding bills because you are insisting that the house not be sold. If you do not pay the outstanding bills it WILL be necessary to sell the house to pay them. There is no other option.
 

nicomnorris

Junior Member
Thanks for your time and advice. I Am going to get the probate documents Monday morning as it's the weekend. In the mean time I have been reading up on things. One of the most important things i've read is that children are not responsible for their parents debt AKA medical bills and the lawyer should not be sending us this bill.
You should not be asked to use your own funds to cover a bill, especially if you don't have the means to pay.
Secondly, they cannot collect if you lived in your parents home two years before they passed and provided
Care delaying their admittance to a nursing home. My brother had lived in the house with my father for over 20
Years and continues living there.
Lastly, bills are to be paid from the estate, so since the estate generates $24,000 a year from tenants and his bills are $30,000 why can't this money go to a fund to pay off the expensive relatively quickly?
Why are they coming after me for the money? Last bot not least my dad received a pension from the union he retired from, I have yet to hear anything regarding any after death benefit. Mostly because the executor and POA will not tell me. And supposedly the lawyer is suppose to settle issues between the beneficiary and the executor but they clearly are on their side and I have no say or am notified of anything going on.
 

LdiJ

Senior Member
Thanks for your time and advice. I Am going to get the probate documents Monday morning as it's the weekend. In the mean time I have been reading up on things. One of the most important things i've read is that children are not responsible for their parents debt AKA medical bills and the lawyer should not be sending us this bill.
You should not be asked to use your own funds to cover a bill, especially if you don't have the means to pay.
Secondly, they cannot collect if you lived in your parents home two years before they passed and provided
Care delaying their admittance to a nursing home. My brother had lived in the house with my father for over 20
Years and continues living there.
Lastly, bills are to be paid from the estate, so since the estate generates $24,000 a year from tenants and his bills are $30,000 why can't this money go to a fund to pay off the expensive relatively quickly?
Why are they coming after me for the money? Last bot not least my dad received a pension from the union he retired from, I have yet to hear anything regarding any after death benefit. Mostly because the executor and POA will not tell me. And supposedly the lawyer is suppose to settle issues between the beneficiary and the executor but they clearly are on their side and I have no say or am notified of anything going on.
I am sorry, but you just do not understand how things work, therefore I will echo the previous suggestion that you hire an attorney. The estate simply cannot be held open for the number of years it would take to pay off the estate debts from the rental income from the house.

Nobody is telling you that you must use your own money to pay the bills. They are telling you that if you don't want the house sold, the money to pay the bills has to come from somewhere else...now, not over several years.
 

nicomnorris

Junior Member
I don't understand, that's why I'm
Here trying to find answers and Monday morning I will be looking for a lawyer to help me out I guess. I'm just confused "the money has to come from somewhere" I don't even know if I could get approved for a loan like that. And why if my brother was living there are they allowed to collect? I'm just really trying to understand why they have only chosen this one path when it seems like there are several different paths. This path doesn't seem to be in our best interest which is a job of the executor.
 

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