please help us, Hawaii is not paradise

[moffet]

What is the name of your state? Hawaii

My aunt died and I am one of five beneficiaries. I am due a 10% share of the funds from the will, my brother and cousin each are due 10%, my mom 30% and my uncle the remaining 40%. How my aunt died is unknown and my uncle wants to pursue a malpractice case using the funds that he has refused to disperse to the beneficiaries. None of us want to pursue the malpractice case because we think it is too costly and that we don't have near enough evidence for a malpractice suit, but my uncle says it is his right as PR to do with the funds whatever he wants. Is this true? He also said that as PR he has the right to deny the beneficiaries a vote about how we want to use (or not use) the funds. My mom sent him a letter stating that pursing the malpractice case is contrary to the families wishes. She says it is too involved a process to remove him as PR, and as he has a successor trustee he would just resign and let that person take over; someone who would act in the interest of my uncle. He says that if any of us get a lawyer he will deplete all the funds as quickly as possible. As beneficiary, do I have a right to
1. vote on how these funds should be used?
2. stop my uncle from using them for the malpractice case?
3. force him to distribute the funds immediately?
Thank you to anyone who can help.

 

[BlondiePB]

He says that if any of us get a lawyer he will deplete all the funds as quickly as possible.

This is intimidation. Go ahead and speak with your own local probate attorney. Malpractice lawsuits are usually taken on a contingency basis when the suit has "merit".

 

[Dandy Don]

Excuse me, but Hawaii IS paradise--it's the personal representative who is shady.

You have left out a few details.

(1) Is there a will and a trust or just a trust? Check at the county courthouse probate court to see if the will has been submitted for probate (normally that is done within 30 days of the death) and find out who the executor is. The term executor applies only if there is a will, and personal representative applies if there is no will. If there is a trust, then the proper term for the person who is managing it is trustee, so can we assume that the uncle is also the trustee?

(2) Have you even seen a copy of the will and the trust? If there is a trust, you need to be talking to a local trust attorney to find out whether you as a beneficiary have a right to request a copy of the trust by having your attorney send a certified letter to the trustee requesting such.

Trustee has no business telling you all that he wants to use the funds for a malpractice case, although that may not be a bad idea. No matter whether it is a will or if it is a trust, it needs to be activated/probated soon after the death occurs, and he has no excuse for stalling unless he is perhaps ignorant of the legal process. Let's hope he is not trying to steal some of the trust money for himself--you also need to suggest that he purchase a trustee's bond to protect the beneficiaries' financial interests from theft or misappropriation.

You all need to get your own attorney to deal with this man. But you also need to listen to and seriously consider his concern about the malpractice suit, but tell him that you all want a report from a malpractice attorney about the feasbility of whether the death is a good case or not. If the circumstances are reasonable and verifiable, the estate could benefit from a malpractice lawsuit by about a few hundred thousand dollars or more, but that cost should be paid by whatever beneficiary wants to pursue such a case.

His first responsibility should be to see that the beneficiaries are paid and then he can worry about a malpractice lawsuit later.

DANDY DON IN OKLAHOMA ([email protected])