Pronating will stalled

[Twhitfi283]

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

My mom passed in Feb. 2014 and I am co-executor with my aunt. She hired a company she does business with to probate the will as a favor for a "lower" rate. She got mad at me because after several meetings with the attorney, I did not provide ALL of the personal information she wanted to "reconcile". She wants to know ALL of the money accounts she had that I was immediately entitled to as a beneficiary and/or POD on bank accounts that are NOT part of the estate. In AL the statue of limitations on probating a will is 5 years and since her death, I have been paying all bills associated with her estate such as, taxes, homeowners ins, taxes, etc. It turns into a war each time we talk and early this year was the last time and nothing has been done to move the process forward. What are my options?

 

[LdiJ]

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

My mom passed in Feb. 2014 and I am co-executor with my aunt. She hired a company she does business with to probate the will as a favor for a "lower" rate. She got mad at me because after several meetings with the attorney, I did not provide ALL of the personal information she wanted to "reconcile". She wants to know ALL of the money accounts she had that I was immediately entitled to as a beneficiary and/or POD on bank accounts that are NOT part of the estate. In AL the statue of limitations on probating a will is 5 years and since her death, I have been paying all bills associated with her estate such as, taxes, homeowners ins, taxes, etc. It turns into a war each time we talk and early this year was the last time and nothing has been done to move the process forward. What are my options?

Who are the designated heirs of your mother's estate?

 

[anteater]

She hired a company she does business with to probate the will as a favor for a "lower" rate.

Hired a "company?" Or an attorney?

I did not provide ALL of the personal information she wanted to "reconcile". She wants to know ALL of the money accounts she had that I was immediately entitled to as a beneficiary and/or POD on bank accounts that are NOT part of the estate.

Do you have something to hide? And those accounts are part of the gross estate.

It turns into a war each time we talk and early this year was the last time and nothing has been done to move the process forward. What are my options?

1) Petition the court to resign your position.
2) Petition the court to remove your Aunt.
3) Petition the court to remove both of you and appoint a third party to administer the probate estate.

 

[LdiJ]

Hired a "company?" Or an attorney?



Do you have something to hide? And those accounts are part of the gross estate.


1) Petition the court to resign your position.
2) Petition the court to remove your Aunt.
3) Petition the court to remove both of you and appoint a third party to administer the probate estate.

I potentially disagree with the bolded unless the estate is large enough that estate taxes could be triggered.

I think that the OP needs to consult with an attorney.

 

[anteater]

I potentially disagree with the bolded unless the estate is large enough that estate taxes could be triggered.

I think that the OP needs to consult with an attorney.

My mention of the gross estate was a response to the OP's statement that the beneficiary-designated accounts "... are NOT part of the estate."

I don't know if Alabama is a state that requires inclusion of all assets, both probate and non-probate, on the inventory. Nevertheless, it isn't exactly an issue to go to war over. The aunt is also an executor and it should not take much for her to find out about these accounts.


(And, yes, I failed to notice that the OP mentioned an attorney and not just a "company.")

 

[LdiJ]

My mention of the gross estate was a response to the OP's statement that the beneficiary-designated accounts "... are NOT part of the estate."

I don't know if Alabama is a state that requires inclusion of all assets, both probate and non-probate, on the inventory. Nevertheless, it isn't exactly an issue to go to war over. The aunt is also an executor and it should not take much for her to find out about these accounts.


(And, yes, I failed to notice that the OP mentioned an attorney and not just a "company.")

I am thinking that Auntie has the notion in her head that those particular assets count in the overall division of the estate, which is why I asked who the heirs are.

 

[Zigner]

I am thinking that Auntie has the notion in her head that those particular assets count in the overall division of the estate, which is why I asked who the heirs are.

It's not Auntie that is asking for the information, rather, it is the (presumably) professional (attorney) that the estate has engaged to handle the matters of the estate. As anteater has stated, the accounts may very well need to be listed by the estate, even though the money goes to the designated beneficiary, much the way insurance policies owned by the decedent are listed.

 

[LdiJ]

It's not Auntie that is asking for the information, rather, it is the (presumably) professional (attorney) that the estate has engaged to handle the matters of the estate. As anteater has stated, the accounts may very well need to be listed by the estate, even though the money goes to the designated beneficiary, much the way insurance policies owned by the decedent are listed.

If it were the attorney asking, I would view it differently. However, it appears (at least the way the OP worded it) that it is auntie who wants the information in order to "reconcile" the estate.

 

[Zigner]

If it were the attorney asking, I would view it differently. However, it appears (at least the way the OP worded it) that it is auntie who wants the information in order to "reconcile" the estate.

It definitely could be read either way - I think the OP used a few too many pronouns

Hopefully the OP will clarify.

 

[anteater]

And I say....

What difference does it make? Auntie is a co-executor. All she has to do to get the info is flash her letters at the financial institutions. (Then again, maybe Auntie is too dumb to realize that.)

 

[Dandy Don]

What type of statements, for example, does she make when she "goes to war"?

If you don't mind her knowing how much you received, then go ahead and give her or the attorney that information. It might help lessen her aggravation.

If probate has been officially opened at the courthouse, then you have no business paying for the expenses you mentioned (taxes, homeowner's insurance) out of your own personal funds, although its thoughtful that you volunteered to do that. Those expenses should be paid from estate funds. Perhaps you can ask for reimbursement if you choose to do so.