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  1. #1
    SHGUP is offline Junior Member
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    Unhappy Family tremoving items and taking over without Executor's permission

    What is the name of your state?What is the name of your state? Texas

    My mother-in-law's mother passed away in October at a Nursing Home in Kentucky (she was evacuated before Hurricane Rita). Her will appointed my mother-in-law as the Executor and also "give, devise and bequeath to my daughter (my moth-in-law), in fee simple absolute, all of my estate of every kind and character, real and/or personal, including separate and community property wheresoever located or situated of which I shall die, seize and possess".

    My mother-in-law has been living in Arkansas since July with her son and I.

    Now, here's the problem(s) I need advice on:

    1. The estate includes a house that has a mortgage (mother-in-law has made payments since death). All of her mother's posssessions were in the house and have been taken by different family members without her permission (Her two sisters and her brother had keys to the house). What can she do to make them bring the items back, they removed them when she came back to Arkansas to wait for the Probate Hearing?

    2. Someone has changed the utilities into their name without her permission, is there anything she can do?

    3. She believes that one of her family members is trying to move into the house or rent it out without her knowledge, what can she do?

    She asked her brother to change the locks and board up the house until the Probate was over but he didn't. She planned on sharing the contents of the house with her siblings and give her brother the house (he would have to pay the outstanding mortgage). Since they all "lost their minds" and begin doing whatever they wanted (since she lives in Arkansas and is not there everyday) she has decided to keep everything, sell the house (to pay off mortgage and any other debts).

    What are here options? We are going down for the Probate Hearing on Jan 19th. There is also Hurricane Damage to the house (the Insurance Company is going to send out an adjuster when we get there).

    What is going to happen at the Probate Hearing? If they don't return the possessions what do we put on the Inventory of the Estate?
  2. #2
    seniorjudge is offline Senior Member
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    Ma is doing a very poor job as personal representative.

    She needs to resign and y'all need to get someone who is closer to the place to take over.

    This estate will take a whole lot of hands-on work; ma is just not up to it.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    SHGUP is offline Junior Member
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    Angry She has a probate lawyer

    How is she doing a bad job. The family members are not abiding by Grandmother's will. They should have let "Ma" proceeded with the Probate and if she wanted to share the estate, then she would have. She told them her plans, but they did what they wanted to do. I asked for legal advice, not opinions on the job (executor) the my mother-in-law is doing. I she appoints anyone else as executor (the will states her niece who lives in Texas but 4 hours away from the Estate City) they will not complete the task any better than it is currently being done. Since everything is going to my mother-in-law, she would be the best one to ensure that the estate is taken care of. *What would you say if she was in the city and they still did the same thing because she is a kind-hearted person?
  4. #4
    seniorjudge is offline Senior Member
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    Q: What would you say if she was in the city and they still did the same thing because she is a kind-hearted person?

    A: Ma is doing a very poor job as personal representative.

    She needs to resign and y'all need to get someone who is closer to the place to take over.

    This estate will take a whole lot of hands-on work; ma is just not up to it.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    seniorjudge is offline Senior Member
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    PS: Being a personal representative is a very hard job; I certainly wouldn't do it.
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    HomeGuru is offline Senior Member
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    call the cops.....
  7. #7
    SHGUP is offline Junior Member
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    Unhappy The Police Call

    We called the police and they went by, but they said everything looked okay.
  8. #8
    SHGUP is offline Junior Member
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    Unhappy Personal Representative

    It is not that hard to take care of someone's estate, unless their famiy members are being "idiots". People should just let a person's last will and testament be the law and leave everything alone.

    Is calling the police the only option? Can the probate judge do anything? What about the things that have been taken?
  9. #9
    justalayman is offline Senior Member
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    Quote Originally Posted by SHGUP
    We called the police and they went by, but they said everything looked okay.
    That's why you need somebody close. You need to be "hands-on" in this situation. When the police drove by and didn't see a broken door or window, all would appear to be OK typically.
  10. #10
    HomeGuru is offline Senior Member
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    Quote Originally Posted by SHGUP
    We called the police and they went by, but they said everything looked okay.

    **A: I did not imply to call the police so they can do a drive by.
    I meant to call the polcie to file a formal written theft report.
  11. #11
    seniorjudge is offline Senior Member
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    Quote Originally Posted by SHGUP
    It is not that hard to take care of someone's estate, unless their famiy members are being "idiots". People should just let a person's last will and testament be the law and leave everything alone.

    Is calling the police the only option? Can the probate judge do anything? What about the things that have been taken?
    Yes, the probate judge can take care of it...after the fact.


    It is not that hard to take care of someone's estate, unless their famiy members are being "idiots".


    You know not of what you speak; even when everyone is happy, being a personal representative is a difficult job.
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    justalayman is offline Senior Member
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    Quote Originally Posted by seniorjudge
    Yes, the probate judge can take care of it...after the fact.


    It is not that hard to take care of someone's estate, unless their famiy members are being "idiots".


    You know not of what you speak; even when everyone is happy, being a personal representative is a difficult job.
    And apparently this poster's family members are being "idiots"
    So by default that makes this a "hard job".
  13. #13
    SHGUP is offline Junior Member
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    Angry Viewpoint

    Everything was left to monther-in-law, she wants to take care of everything to ensure that noone screws her over. When we arrive in town she will call the police to make a formal written complaint. I understand where she is coming from, I wouldn't want those "idiots" taking care of anything for me. Since nothing is left to them, they wouldn't care what happens to the estate.
  14. #14
    lwpat is offline Senior Member
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    First step is to advise all family members in writing that they are to return any items they have taken on X date when you wil be there. Make arrangements with a handyman firm to meet you and change all the locks and make temporary repairs as necessary. Contact someone who does estate tag sales and have them dispose of all the items in the house. Hire a real estate person to sell the property. You need to settle everything as soon as possible and not drag this out. I wouldn't wait until the 19th. to secure the house and make temp repairs. Do these ASAP.
  15. #15
    justalayman is offline Senior Member
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    Quote Originally Posted by lwpat
    First step is to advise all family members in writing that they are to return any items they have taken on X date when you wil be there. Make arrangements with a handyman firm to meet you and change all the locks and make temporary repairs as necessary. Contact someone who does estate tag sales and have them dispose of all the items in the house. Hire a real estate person to sell the property. You need to settle everything as soon as possible and not drag this out. I wouldn't wait until the 19th. to secure the house and make temp repairs. Do these ASAP.
    Ignore this message. I tried deleting and it wouldn't work so I edited to a useless message
    Last edited by justalayman; 12-21-2005 at 01:49 PM.

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