Missouri probate.

[UzDresh]

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

In February 2012 my grandfather died, leaving everything to my mother. Unfortunately, my mother died 11 days later, unexpectedly, with no will.

My cousin is a lawyer, and she insisted on handling probate for us, at no charge. I foolishly agreed.

It came to light, well in to the probate process, that my cousin and her brothers were not pleased that my sister and I were getting everything. Though I have no proof, I am certain she has intentionally gone as slowly as possible. It has been almost 2 years, probate is still in process. She told us two months ago there was one more court date to be set up, and it hasn't happened yet.

Also, my sister and I can not get her to respond to our inquiries. We send her text messages asking for updates or information and they are ignored. She has never responded to a text from me.

So, since she was doing this all for free, I felt like I couldn't complain to much. Until the last time she deigned to speak with us. She informed us that the court will force her to take some payment out of the probate settlement, that she has no choice. That doesn't seem right to me, lawyers do pro-bono work sometimes, right? I want to know if she is telling the truth.

I wouldn't begrudge her taking payment if she had actually acted as our lawyer. But the lack of progress and contact with us, it irks me that she is getting paid like a lawyer but treating us like we are her lowest priority.

Aren't lawyers required to keep in contact with clients, and answer their questions?

 

[curb1]

Who is the executor or personal representative for grandfather's estate? Probate is involved there also.

 

[UzDresh]

My cousin (the lawyer) was listed as the executor.

 

[anteater]

Are you talking about your grandfather's probate or your mother's? Or both?

You aren't her client.

And, of course she is lying to you.

I would be heading to the probate court to get a look at the case file.

 

[UzDresh]

My grandfathers estate was willed to my mother. this is my mothers probate.

 

[anteater]

My grandfathers estate was willed to my mother. this is my mothers probate.

OK, but you understand that your grandfather's estate would still have to be probated, right?

 

[UzDresh]

No, I was not aware of that. When this all started, I had total faith in my family member who said he would handle this. I never really looked in to it.

However, this probate has my mothers name on it, not my grandfathers.

 

[Ohiogal]

No, I was not aware of that. When this all started, I had total faith in my family member who said he would handle this. I never really looked in to it.

However, this probate has my mothers name on it, not my grandfathers.

Until grandpa's estate is probated, your mother's estate will not have received anything.

 

[anteater]

I don't want to make unwarranted excuses for your cousin, but, if both estates needed to be probated, the time frame here is not beyond the realm of reasonable. Maybe on the outer edge if they were not complicated estates...

Here's the way it should be occurring in a nutshell:

1) Your grandfather's will is submitted for probate and an executor is appointed. After creditors are paid and all the other probate tasks completed, the remaining assets would be distributed to your mother's probate estate.
2) Your mother's probate estate is opened, creditors paid, etc. and the remaining assets distributed to her intestate heirs - you and your sibling.

Since your mother survived your grandfather, your mother's estate has the right to inherit from grandfather. Thus, the need for two probate cases. Grandfather's probate estate --> your mother's probate estate --> you and your sibling.


If you take my suggestion to contact the probate court to obtain the case file, you might also inquire about your grandfather's probate case.

 

[curb1]

Just speculation, but "cousin" would easily know all of what anteater has stated. If you check with the probate court and nothing has been done with grandfathers estate there should be a giant red flag flying somewhere. Perhaps "cousin" drained some of grandfather's estate before working with mother's estate. From your explanation, this isn't sounding right.

Hopefully "cousin" has done this correctly as anteater outlined.

 

[curb1]

When you said, "In February 2012 my grandfather died, leaving everything to my mother."

What was "everything" (bank accounts, property?)and what was the value? Also, what was the value of your mother's estate and what was it composed of (bank accounts, retirement accounts, property?)?

 

[joeklick]

You may want to contact an probate litigation attorney in the county where the probate courts. Make sure you submit a motion to the court should your cousin stall in producing the accounting and inventory.

If the parents/grandparents owned any property the public recorders for that county should have something. I would check this out asap. A lot of county recorder's records are available online.

Just to let you know, there are at least four ways I know of embezzling money.
- Anyone could have changed the beneficiary's before a person died. I was recently able to change my IRA online.
- The cousin could have forged your signature on a beneficiary disclaimer and removed you as a beneficiary after the person's death.
- The cousin could have transferred any funds using a Medallion Signature Guarantee.
- The cousin could have used an Estate Tax Release to transfer funds, if Missouri has these I couldn't say.

 

[Silverplum]

Okay, Joe. You've made your point by now.

No need to dig up posts older than a month.

 

[quincy]

Okay, Joe. You've made your point by now.

No need to dig up posts older than a month.

When reading through the messages joeklick posted tonight, I was already hoping by thread three that joe had learned a fifth way of embezzling money - just to make the feeling of déjà vu go away.