USVI: Inherited R.E. via Will, Executor not Upholding

[tethomas]

Cast & Plot:

Decedent: Father
Suvived by: 6 Grown Children. Mother deceased prior.
All beneficiaries had copies of the will prior to death.

Residence of Decedent: St. Croix, USVI
Location of Willed Real Estate: St. Croix, USVI

Executor: Oldest Son (1 of 6 children)

Issue:

Beneficiary (1 of the 6) Residency Location: Maryland (USA)
Item Willed: The Decendent's Home in St. Croix USVI (Originally owned by the beneficiary then sold to the Decedent prior to moving to the US over two decades ago.)

The executor isn't probating the will. As a matter of fact, the executor has no desire to let the will near a courthouse. Local law firms say that all siblings must sign off on the transferance of the R.E. in order to take ownership.

Best Course Question:

1. Press issue with father estate to uphold wishes in the will.

Continue to bear costs of attorneys to handle transaction of "Representing the Estate of the Father" in their words while

2. Have estate sell the propery to the beneficiary for $1 (sample amount) to just treat this as a standard transaction. Pay the closing, titling fees, taxes, etc and just be done.

Any attorneys in that region that can be depended on? It's a simple transaction. The concern is when the law firms represent, it always comes out as representing the estate.
The estate isn't the one doing the retaining.
And no, the executor isn't going to do anything since it may jepardize the joint bank accounts they had with the decendent which are supposed to be disbursed, but aren't.

Lesson being learned here: Watch out who you give ownership to. Epecially the children. Once the parent is gone, party time.

Thanks for taking the time to read the saga. All comments are welcome.What is the name of your state?

[seniorjudge]

You need to force the probate of this will through the local probate court.

[Dandy Don]

There shouldn't be any reason why an attorney in St. Croix couldn't handle this for you if that is where the death occurred.

What month and year did the death occur?

Does executor live in St. Croix or in Maryland?

Your attorney also needs to find out if executor had power of attorney (if he did, the POA expired at the time of death of decedent). Too bad that the accounts were set up as joint (instead of naming beneficiaries for the account)--now that the death of decedent has occurred, the monies automatically go to the joint account owner without going through probate.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[tethomas]

Thanks for the answers.

Originally Posted by Dandy Don

There shouldn't be any reason why an attorney in St. Croix couldn't handle this for you if that is where the death occurred.

-- Yes, this could be a problem. He passed in another country. Non-US. Buried there too. His request.

What month and year did the death occur?

-- Appoximately 4 months ago this year

Does executor live in St. Croix or in Maryland?

-- Neither. St. Thomas

Your attorney also needs to find out if executor had power of attorney (if he did, the POA expired at the time of death of decedent). Too bad that the accounts were set up as joint (instead of naming beneficiaries for the account)--now that the death of decedent has occurred, the monies automatically go to the joint account owner without going through probate.

-- Trying to avoid splitting things up any more than they aready are. The others will show the shark mentality and start to feed on each other.
No greed on the bank accounts. Just this house needs to be moved to the beneficiary.

I like the idea of just selling the home to the beneficiary in a token transaction. The idea hasn't been pitched yet to the executor. Wanted to hear from the experts.

Many thanks for the ideas.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[tranquility]

There is no "executor" until the court appoints one. If the will has not seen the courthouse, the person named in the will as the deceased wish to be executor has no power to act as one. Unless the estate is very small, and a personal representative can handle things, there needs to be a filing.

You cannot sell the property until someone or some entity gets ownership. Even if you could, selling it for a dollar will give a basis of a dollar (Or, be considered a gift with a basis of the giver and a gift tax return required if over $12,000.). This seems a bad result.

If the estate is large enough, get an attorney to file for probate yourself. The will does not determine the executor, it merely suggests one.

[Dandy Don]

You need to be contacting an attorney in the same city where the decedent died--normally the rule for probate is that probate should be done where the death occurred. But since real estate is involved here a separate probate just for the real estate may need to be done wherever it is locate but an attorney can help you figure everything out.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[tethomas]

Sorry for the delay in responding. Just concluded a conversation with a group at a conference in Porland that lasted all last week that receive and manage donations made to religious institutions. They have dealt with this exact same problem, as they have to deal with the family members feeling as though dear mom should have given the church absolutely nothing.

Their take on it is that there is a local process since his permanant residence was changed to Maryland to compel the transfer of title in the absence of probate...something about not forthcoming. Follow up is due later this coming week with the local office to dig out the Maryland code that may enable this in this case.

tranquility, you said it best.

Again many thanks.