NothingIsSimple
Junior Member
What is the name of your state? California
Hi there, and first let me thank you for reading my post and for any help, advice, suggestions you may offer.
My mom died 2-11-04. She had a will but not a living trust. Her house is paid for and I am now the only heir. Years back when I was going thru a nightmare divorce my mom's atty at that time had her remove my name from chkg, house etc. At that time also, my aunt offered to be executor of the estate. My aunt being my mom's sister, who lives in Oregon.
My mom's house, car, ckg/svgs in probate as house is valued over 100,000. My aunt unexpectedly and suddenly died 3-15-05. The only documents that had to have her signature were my mom's 2003 taxes and my aunt was waiving the administrators fee. Needless to say this was sad and traumatic enough in itself, but in addition, really threw a monkey wrench into the probate proceedings.
A month prior to my aunts death I went to give atty copies of 2003 taxes. She tells me to sign them and when IRS/FTB send me refund checks (wouldn't you know it - the one time my mom gets a refund) to sign off and send to my aunt. The atty also said I would not need to file 2004 taxes ......ahem helllllooo ???? When I got home I chose to call IRS and was told heck no your aunt has to sign 2003 taxes as she is executor (which was my thought) and had you signed we would have rejected them because you are not the executor. Furthermore it matters not that your mom was only alive one month and 11 days into the 2004 year - you still have to file for her. All made sense to me ......anyway I relayed this info the following day to paralegal. During the office visit to atty that I had just mentioned. the paralegal, myself and atty were in attys office and the paralegal stated the 2003 tax info I brought in would finish the acctg of estate (this is still prior to aunts death).
I called the day after my aunt died (called atty march 16 05) to notify her. Shortly after paralegal called and said we would have to petition the court to have me appointed as executor and that getting a court date usually is two months from date you request.
The other day I called and as it turns out they were about to call me to come in and sign a form for the change in executor. I then find out in the two months since notfying them of my aunts death they have not even requested a court date so there was a wasted amount of two months.
I have told the atty and the paralegal(s) (this is the third new one) that I receive less than $900 a month medical disabilty retirement to live on. That I have borrowed to pay the first installments of my moms homeowners/car insurance and car registration and plumbing that had to be repaired and that yesterday insurance agent called to notify me that my mom's house and car insurance had lapsed and because this has happened twice already they will not rewrite the policies.
I've explained my financial situation to the different paralegals and brought it up to the atty on last visit. Apparently I'm miming speech. I also requested the status of atty fees to date, atty fees and and still have no answer. And I do understand the state sets atty fees based on estate value, however I find it hard to believe that I will see a bill that shows one enty and one fee, i.e., Mar 2004 - whatever date......Probate case handling and representation - Charges 18,000 ......(as an example). That is way too easy and logical. Therefore I believe there will be other charges that are not set forth by the state. Would that be a correct assumption or am I off base ?
Today I received letter from county tax recorder notifying me that they are tacking on penalties and late fees for property taxes and another letter telling me i have to repair the uneven sidewalk and they will do this for me to the tune of $1500.
Helllllpppp - from what I am understanding from atty/paralegal is ......oh wellll (my words). I find it hard to believe that this type of situation has not occurred at some point in time. I am the sole heir - everything had been completed with the exception of my aunts signature on waiver and taxes before her death. There is no way I can maintain all these expenses - and I am getting highly pissed because there is more than enough in my moms ckg and svgs. Furthermore now the atty and paralegal are saying once acctg is finished ......yada yada yada ......which I just put in another call and want to know how it was completed before but now it is not and there must be some exception that will allow me to pay my mom's bills and do so with the money which is mine, that is sitting in her ckg/svgs. I've been robbing peter to pay paul, i.e., one month my bills ......and then alternating so now bills of my own are past due. I supplement my retirement income with temp jobs but have to have 4 surgeries done in the next couple of months - which will prevent and hinder my own finances..........there has to be some way to take care of my moms bills because it has already been a yr in Feb and I see another 4 months easy probably 6 months before probate concludes - given the way this atty jumps on matters ......(NOT) It's not like she is a part of a large corporation and no clients in office and each time ive seen her she was either taking an early lunch or calling it an early day and the courthouse is 8 mins away - so the fact that two months have passed and she hasnt even proceeded to get a new court date really really infuriates me. And I will stop now because I can feel my b/p rising.
Appreciate your help and taking your time.
Oh, p.s. my cousins who are both very very financially well off, have decided they won't waive the 15% fee for their mom handling my moms (sisters) estate. Don't that beat all .........people will never cease to amaze me. Gee, it's a good thing as cousins we have always had a good relationship .......lol ahhh family .......gotta love 'em ....
Hi there, and first let me thank you for reading my post and for any help, advice, suggestions you may offer.
My mom died 2-11-04. She had a will but not a living trust. Her house is paid for and I am now the only heir. Years back when I was going thru a nightmare divorce my mom's atty at that time had her remove my name from chkg, house etc. At that time also, my aunt offered to be executor of the estate. My aunt being my mom's sister, who lives in Oregon.
My mom's house, car, ckg/svgs in probate as house is valued over 100,000. My aunt unexpectedly and suddenly died 3-15-05. The only documents that had to have her signature were my mom's 2003 taxes and my aunt was waiving the administrators fee. Needless to say this was sad and traumatic enough in itself, but in addition, really threw a monkey wrench into the probate proceedings.
A month prior to my aunts death I went to give atty copies of 2003 taxes. She tells me to sign them and when IRS/FTB send me refund checks (wouldn't you know it - the one time my mom gets a refund) to sign off and send to my aunt. The atty also said I would not need to file 2004 taxes ......ahem helllllooo ???? When I got home I chose to call IRS and was told heck no your aunt has to sign 2003 taxes as she is executor (which was my thought) and had you signed we would have rejected them because you are not the executor. Furthermore it matters not that your mom was only alive one month and 11 days into the 2004 year - you still have to file for her. All made sense to me ......anyway I relayed this info the following day to paralegal. During the office visit to atty that I had just mentioned. the paralegal, myself and atty were in attys office and the paralegal stated the 2003 tax info I brought in would finish the acctg of estate (this is still prior to aunts death).
I called the day after my aunt died (called atty march 16 05) to notify her. Shortly after paralegal called and said we would have to petition the court to have me appointed as executor and that getting a court date usually is two months from date you request.
The other day I called and as it turns out they were about to call me to come in and sign a form for the change in executor. I then find out in the two months since notfying them of my aunts death they have not even requested a court date so there was a wasted amount of two months.
I have told the atty and the paralegal(s) (this is the third new one) that I receive less than $900 a month medical disabilty retirement to live on. That I have borrowed to pay the first installments of my moms homeowners/car insurance and car registration and plumbing that had to be repaired and that yesterday insurance agent called to notify me that my mom's house and car insurance had lapsed and because this has happened twice already they will not rewrite the policies.
I've explained my financial situation to the different paralegals and brought it up to the atty on last visit. Apparently I'm miming speech. I also requested the status of atty fees to date, atty fees and and still have no answer. And I do understand the state sets atty fees based on estate value, however I find it hard to believe that I will see a bill that shows one enty and one fee, i.e., Mar 2004 - whatever date......Probate case handling and representation - Charges 18,000 ......(as an example). That is way too easy and logical. Therefore I believe there will be other charges that are not set forth by the state. Would that be a correct assumption or am I off base ?
Today I received letter from county tax recorder notifying me that they are tacking on penalties and late fees for property taxes and another letter telling me i have to repair the uneven sidewalk and they will do this for me to the tune of $1500.
Helllllpppp - from what I am understanding from atty/paralegal is ......oh wellll (my words). I find it hard to believe that this type of situation has not occurred at some point in time. I am the sole heir - everything had been completed with the exception of my aunts signature on waiver and taxes before her death. There is no way I can maintain all these expenses - and I am getting highly pissed because there is more than enough in my moms ckg and svgs. Furthermore now the atty and paralegal are saying once acctg is finished ......yada yada yada ......which I just put in another call and want to know how it was completed before but now it is not and there must be some exception that will allow me to pay my mom's bills and do so with the money which is mine, that is sitting in her ckg/svgs. I've been robbing peter to pay paul, i.e., one month my bills ......and then alternating so now bills of my own are past due. I supplement my retirement income with temp jobs but have to have 4 surgeries done in the next couple of months - which will prevent and hinder my own finances..........there has to be some way to take care of my moms bills because it has already been a yr in Feb and I see another 4 months easy probably 6 months before probate concludes - given the way this atty jumps on matters ......(NOT) It's not like she is a part of a large corporation and no clients in office and each time ive seen her she was either taking an early lunch or calling it an early day and the courthouse is 8 mins away - so the fact that two months have passed and she hasnt even proceeded to get a new court date really really infuriates me. And I will stop now because I can feel my b/p rising.
Appreciate your help and taking your time.
Oh, p.s. my cousins who are both very very financially well off, have decided they won't waive the 15% fee for their mom handling my moms (sisters) estate. Don't that beat all .........people will never cease to amaze me. Gee, it's a good thing as cousins we have always had a good relationship .......lol ahhh family .......gotta love 'em ....
Don ! thank you so much for your assistance. I know I probably jumped around in stating my issue. Let me simply some of it: Mom passed away 2-2004. Her sister (Oregon resident as are her kids {my cousins}) offered to administer the estate. I pretty much was left out of this with the exception of signing some forms. Medically, I am on a small fixed monthly ret. from my state service employment. As far as I know things went along fine and all the acctg had been completed with the exception of signing/filing 2003 taxes (which much to my and im sure my mothers if she could see, there is a small refund) and then my aunt was going to sign the form waiving the administrator/executrix? fee.