Mothers 2013 will regarding home & cash

[Lajones1062]

What is the name of your state (only U.S. law)? Illinois
Mother passed away in 2013. She left the house in my brothers name with some cash from insurance to br splite between us after the house sold. She also left me & my brother in charge. For years my brother had assured us there was no need to contest the will after my mom died because he would make sure everything (including the house was split 4 ways). Two years later, the house has sold, and we all get these piddly checks with a letter explaining without numbers, how it cost to keep the house up for two years, utlities, etc....and how him selling the house has put him in a higher tax bracket, and all his financial issues because of that. I know we can't do anything about him keeping the proceeds from the house, but shouldn't the expenses for the house come out of his proceeds and not the cash that was left to be split between us. I know the will made no mention of expenses it just seems common sense to me. He is using an older will that is of course to his advantage when I know a newer one exists, but I left my copy with him when I thought I could trust him so all I have is an unsigned copy on the computer. Also, is there anything else I can do as recourse for how he handled things. Except for the house, there was not a huge amount of cash so we didn't bother with an attorney, now I am wishing we had.

 

[FlyingRon]

Given the imprecise description as to what is going on we have no way to tell. At it's face it sounds like he wasn't required to give you anything if Mother willed the house to him alone. What the insurance payout was to be used for depends on who the beneficiary on the policy was. You should bring all you know (will, etc...) to an attorney if whoever handled the probate can't explain it to you.

 

[Lajones1062]

Thank you

There were 3 policies, the will was pretty simple. He got the house - which I understand but the insurance checks were written to both me & him with the will stating all money (aside from the house) was to be put together and divided among the siblings. No provision was made in the will for household expenses, yet he took them out of the liquid cash with no plans on replacing them when the house sold. I realize I will probably need to go talk to an attorney. I just have two issues. 1) she left us both as executors and he is under the impression he doesn't need to answer to anyone regarding how the money was spent including the other executor and 2) from everything I have read since the will was pretty basic and made no provisions for the house since it was already transferred to his name a few years before she passed away. Aren't any and all the expenses for the house his responsibility?

If you can answer that is great - if not I understand.

 

[FlyingRon]

IT's not simple because you are incapable of describing the situation with the requisite accuracies. Again if the house was willed to your brother, it's his. He owes nothing to anybody on this. If the beneficiary of the policy are you and your brother, then the money goes to you and the will has no bearing on it. The only time the will would be involved is if the insurance policy beneficiary was your mother (her estate).

Given the above assumptions, then it would seem the only thing the will applies to is whatever other property was in your mother's estate (personal effects, any bank accounts, etc...). That would have to be probated (possibly through the small estate process).

Given you still can't explain things adequately, I repeat my suggestion. CONTACT an attorney.

 

[Lajones1062]

Nevermind

I am not a lawyer and do not pretend to know the legal terminology you insist on using. Had I understood, I would have answered your question accordingly. Hopefully in dealing with someone off the street, someone that is actually paying you for your time, you will be more patient & capable of relaying exactly what information you need. As usual only those that can afford an attorney get the luxury of time and patience from one.

Thank you for your time, despite your rudeness.

 

[Zigner]

I am not a lawyer and do not pretend to know the legal terminology you insist on using. Had I understood, I would have answered your question accordingly. Hopefully in dealing with someone off the street, someone that is actually paying you for your time, you will be more patient & capable of relaying exactly what information you need. As usual only those that can afford an attorney get the luxury of time and patience from one.

Thank you for your time, despite your rudeness.

Nobody was rude to you. The fact is that you aren't explaining things very well, even for a layperson. When that was pointed out to you, you took offense.

Now, if you'd like to start over, perhaps the volunteer(s) will look past your attitude and continue to help you.

I'd like something clarified. Are you saying that the brother took title to the house several years ago, yet charged the estate for day-to-day house-related expenses that he incurred AFTER he took title to the house?

 

[Lajones1062]

My apologies,

I am sorry, I do apologize. I have siblings calling me wanting to know what is going on, and what, if anything we can do. I am rattled, I do apologize and I realize it is our mistake and our problem for simply trusting him, but Yes! That is exactly what I am saying. The deed to the house has been in his name for several years and my mothers will was very simple and made no provisions for household expenses, repairs, upkeep of the home, nothing. It only stated that the house had already been turned over to him, which we were aware of. We were just willing to wait until after the house was sold, trusting he would replace said funds at that point - and he has no plans to do that. I realize legally we there is nothing we can do about what he said he was going to do, versus what we actually did. I am just trying to figure out what funds, if any - we legally have a right to expect him to repay to the estate.

Thank you

 

[Zigner]

I am sorry, I do apologize. I have siblings calling me wanting to know what is going on, and what, if anything we can do. I am rattled, I do apologize and I realize it is our mistake and our problem for simply trusting him, but Yes! That is exactly what I am saying. The deed to the house has been in his name for several years and my mothers will was very simple and made no provisions for household expenses, repairs, upkeep of the home, nothing. It only stated that the house had already been turned over to him, which we were aware of. We were just willing to wait until after the house was sold, trusting he would replace said funds at that point - and he has no plans to do that. I realize legally we there is nothing we can do about what he said he was going to do, versus what we actually did. I am just trying to figure out what funds, if any - we legally have a right to expect him to repay to the estate.

Thank you

You can expect him to repay every penny that he improperly took from the estate for his own use. In fact, what he has done is considered a breach of his fiduciary to the estate and the beneficiaries. This could even be prosecuted as a crime (not will be, just could be.) Once the house is his, he cannot use estate funds to maintain it.

 

[Lajones1062]

Thank you!

That was my biggest question! I am sorry i wasn't relaying it any better.