Will in probate..almost over..need advice!

[asburylane]

What is the name of your state?Kentucky
Hello,
I received great advice from "Blondie" a few months ago so I hope you will help me out again. If you remember, I had serious problems with my brother wanting to live in my fathers house, going in house and taking things, etc., My brother and I are no longer speaking and have separate attorneys in dealing with settling this estate. I had to change the locks and am so glad I did. What I am dealing with now is my brother is wanting to buy the place my father owned. It is paid for but he has no credit and its very bad at that...and the only money he has is the few thousands he only has left after we received our fathers life insurance proceeds. My brother told his attorney a bunch of lies and that attorney has contacted my attorney and I had the hardest time trying to convince my attorney that my brother is a fruitcake. Anyway, my lawyer said that I should offer the property to my brother at the appraised value..which I have already done...to sort of call his bluff to see if he really will try to buy it..but how can he if he has no credit? I have a serious buyer who lives right next door to my fathers place and is willing to pay what I have quoted them. Do I have to offer this property to my sister first? My lawyer said I do. Me and my husband considered buying it..we have the money..but we are building a large house right now so decided not to. Also, my attorney keeps sending me different messages as far as what I can do with the personal property right now...I have several items that need to be sold right now...a 4 wheeler and a honda scooter...first lawyer said to go ahead and sell them..put the money in the estate account...then today...when i told his secretary i had it sold she said ..no...since my brother is giving me such a time i should just let it go with other personal stuff at auction....do I have any say so here at all? I am soo very very confused. I am so sorry this is long...but my stomach stays in knots..and I will be so glad when this is over. Anything you can tell me will be wonderful and greatly appreciated!!!! Thanks!

 

[BlondiePB]

What is the name of your state?Kentucky
Hello,
I received great advice from "Blondie" a few months ago so I hope you will help me out again. If you remember, I had serious problems with my brother wanting to live in my fathers house, going in house and taking things, etc., My brother and I are no longer speaking and have separate attorneys in dealing with settling this estate. I had to change the locks and am so glad I did. What I am dealing with now is my brother is wanting to buy the place my father owned. It is paid for but he has no credit and its very bad at that...and the only money he has is the few thousands he only has left after we received our fathers life insurance proceeds. My brother told his attorney a bunch of lies and that attorney has contacted my attorney and I had the hardest time trying to convince my attorney that my brother is a fruitcake. Anyway, my lawyer said that I should offer the property to my brother at the appraised value..which I have already done...to sort of call his bluff to see if he really will try to buy it..but how can he if he has no credit? I have a serious buyer who lives right next door to my fathers place and is willing to pay what I have quoted them. Do I have to offer this property to my sister first? My lawyer said I do. Me and my husband considered buying it..we have the money..but we are building a large house right now so decided not to. Also, my attorney keeps sending me different messages as far as what I can do with the personal property right now...I have several items that need to be sold right now...a 4 wheeler and a honda scooter...first lawyer said to go ahead and sell them..put the money in the estate account...then today...when i told his secretary i had it sold she said ..no...since my brother is giving me such a time i should just let it go with other personal stuff at auction....do I have any say so here at all? I am soo very very confused. I am so sorry this is long...but my stomach stays in knots..and I will be so glad when this is over. Anything you can tell me will be wonderful and greatly appreciated!!!! Thanks!

What does the will state regarding the executor's right to dispose of property?

 

[asburylane]

Response to Blondies question

State is KY

The will states that the funeral home bill must be paid asap..it has been..my brother gave me grief over that..he was suppposed to pay half..didnt..guess who had to pay it? Anyway....the will states that we have to "share and share alike"....so my attorney stated that means that anything sold or kept has to be divided right down the middle..which is fine with me...my attorney also said I have to sell everything at the most money I can possibly get..well..how can I do that if I let that 4 wheeler go to auction...I will get much mure selling it outright....also...my lawyer said that I can get a fee for all this work...from the estate...I believe he said 2% of what the estate sells for...is this correct? I am sure it is..just wondering....one more thing too....there are some things that I just do not want to sell...like my fathers coin collection..keepsakes....etc., I know I have to divide this with brother...how can we do this in a civil manner? My mother also left some very expensive rings that I really dont want to sell either...but may have to. I just
absolutely dread possibly having to get with him and determine how to divide things up...lawyer said will probably have to sell everything..and i mean everything...do i have to? THanks again so much..You are very appreciated! Tina

 

[BlondiePB]

Anyway....the will states that we have to "share and share alike"....so my attorney stated that means that anything sold or kept has to be divided right down the middle..which is fine with me...

Specific language that I was looking for was the executor's right to dispose of property as he/she wanted to do so. As for the house, the will (according to your post) does not state that you MUST offer the house to your brother first. If you have a buyer, sell it!

my attorney also said I have to sell everything at the most money I can possibly get..well..how can I do that if I let that 4 wheeler go to auction...I will get much mure selling it outright....

Having auction/estate liquidators sell property is the fastest way to liquidate assests. You do have the right to sell the ATV to a private party. Just make sure you have receipts for the property. The property must be appraised prior to the property being sold. I cannot stress enough how important it is that you have paperwork for the court.

also...my lawyer said that I can get a fee for all this work...from the estate...I believe he said 2% of what the estate sells for...is this correct? I am sure it is..just wondering....

Correct. The fees are governed by your state statutes. Look in them and you will find the fee that you are entitled to receive.

there are some things that I just do not want to sell...like my fathers coin collection..keepsakes....etc., I know I have to divide this with brother...how can we do this in a civil manner? My mother also left some very expensive rings that I really dont want to sell either...but may have to. I just
absolutely dread possibly having to get with him and determine how to divide things up...lawyer said will probably have to sell everything..and i mean everything...do i have to?

Make sure that all this property has been professionally appraised. You need a value. Items that are not specifically bequeathed, must be sold - even if you and your brother are the buyers. Looks as though this is going to be a huge problem with your brother. That's why your attorney told you that you may have to sell all of the stuff.

THanks again so much..You are very appreciated! Tina

You are very welcome.

 

[asburylane]

1 more question for Blondie

Hello again,
After looking at my father's will once more all it says (I will put this in simple term) = If his wife dies, which she did back in 1990, that all property is to be divided equally between two children, brother and myself, per capita, share and share alike, and that I am executor of the estate. Thats all it states about property. There is also a paragraph about an executor not being held liable for any mistakes made during this process. I am trying to do this the best way, the legal way. It pains me to have to offer this property to my brother..because I strongly feel that if by some miracle he gets a loan for it, he will eventually lose it all. How sad would that be? I just couldnt get my attorney to believe how very very unresponsible my brother is...what a con and cheater he is...He has had so many cars repo'd, lost job after job, owes so much money to different people for rent, loans, etc., my brother has had 45 jobs and lived in about 35 different places in just the past 15 years....yes.. I am being serious....sounds unbelievable but true. Sorry if I am rattling here....also I am very worried about getting my money if brother does buy it...I know it will be all legal...I just know my brother..he is very very coniving...and tries to think of ways to beat the system..etc., the things he has come up with in the past would just blow you away....how can I protect myself..or can I ? I wish now that i had said no to him buying it first and just sold it to the neighbors...He has 10 days to let my lawyer know if he wishes to purchase it...and then 30 days to actually buy it. Until then I am a nervous wreck....I am getting my fathers coin collection and all the jewelry appraised next week. What would be the best way to sell this collection
OR can I buy it...if so how? THanks again so much...it helps so much to get more than one professional advice. Have a great day! Tina

 

[BlondiePB]

....how can I protect myself..

In regards to the house, you can protect yourself by using your given executor right to dispose of the property as you choose and sell the house. Remember, you hired an attorney who is to represent you, not your brother.

Due to time constraints, I will address your other issues as soon as possible.

 

[BlondiePB]

I am getting my fathers coin collection and all the jewelry appraised next week. What would be the best way to sell this collection
OR can I buy it...if so how?

If you want to buy the coin collection and the jewelry, obtain permission from the court to do so. Find appraisers that will appraise by the hour not by the piece.

 

[asburylane]

response to blondie

Hello again and thanks so much for your help. I have one more question and that is : what rights does my brother have? if any? (I know he is entitled to half of everything) ever since the beginning of this he has tried to boss me and bully me, twice he said he was going to "kick my a--" if i dont watch what I do. He somehow thinks he should have all the say so, etc., What if he wants to buy the coins and jewelry too? Do I have to allow him to buy half of it or can I just go ahead and buy it all? My husband thinks I should just let it all go,,wash my hands of it..and be done...some of these items though are very sentimental...one of my mothers rings was bought for about $2400.00 back in 1988....if my brother gets it he will pawn it....he has pawned other things like rings my mother gave him in the past...i just dont want his hands on any of it...because i know what will happen..he is very selfish and greedy...AND brother told me he gets to "sign a paper" stating he is satisfied at the end of all this on how I have handled everything, like to his satisfaction..my lawyer said this is false..is it really? Thanks again and have a great day! Tina

 

[BlondiePB]

Moving info to one thread

Yesterday, 06:14 PM
asburylane
Junior Member Join Date: Jan 2005
Posts: 12

Message/reply to Blondie

--------------------------------------------------------------------------------

What is the name of your state?Kentucky

Hello again,
Sorry if I have been rattling on here...I am a teacher, going to school part-time and we are also builing a house..so this is just alot of added pressure and stress. Anyway, I really need your help on this one: My brother had until yesterday to let my atty know if he wanted to buy the property...I called secretary yesterday morning and she said that now my bro and his atty called and wanted to hold a "special meeting" to discuss issues. She didnt know what issues, although I strongly felt she did. Anyway, told her I did not want to do that. I called my lawyer hours later and he told me what it was....my bro wants to offer me much less for my part of property...of course...it appraised for $38,000 2 weeks ago..and the neighbors there have already told me they would give me at least $45,000 for it....My lawyer expects me to entertain this!!! He even suggested going to this meeting (which is supposed to be in 2 weeks due to fact my bro is a truck driver now and wont be home until then). I just want this to be over! Do I have the right to just say NO and sell to the neighbors right now? We have an auction already scheduled for July 9 to sell everything, except for coins and jewelry which will be appraised next week. Dont know what will happen with them yet. Bro wants to only offer me $15,000 for my part...and I know what he will do..he will turn around and sell it to the neighbors for much much more! He is trying to screw me, even now. I just dont want anything to do with him at all....I gave him the first opportunity to buy it at $38,000 (my half would be $19,000) and even still he wants to offer me less. PLEASE help me out here....I have been sick over this and trying to keep my sanity. I look forward to your reply

This was moved to this thread to keep all the info together.

 

[BlondiePB]

As you can see, Tina, some of my posts were removed (unnecessary ones) and your new thread was placed here to keep things together. If you go into the edit part of your other thread, you can delete that thread if you want to since this is all together now.

Again, stop listening to your brother. He is an idiot. Remember, your attorney represents you. I suggest that you have your attorney write your brother and/or brother's attorney a letter telling your brother not contact you about the estate anymore and contact must be made via the attorneys.

Since you did offer your brother the opportunity to buy the house, do the right thing and follow through with this -- at the appraised price and no less than the appraised price. You could have your brother obtain a mortgage for the entire amount of the selling price and place all the money in the estate account. Since your brother has lousy credit, he most likely will not be able to obtain a mortgage. Give brother 48 hours to obtain a mortgage. Have everything in writing, including a clause that if your brother does not secure financing for the house that you have the right to sell the house to someone else.

Keep in mind that you are entitled to executor's fees, and the attorney fees for all your brother's squabbling could very easily cost more than the difference between the appraised value of the house and the amount the neighbor has offered for the house.

When it comes to the coin collection and jewelry, keep in mind that your brother may, indeed, take whatever he obtains and pawn it. You can always go to pawn shops and buy the items from the pawn shop. Sure, you want the items to stay in the family. It just may not be possible. What is important is that you did the best you possibly could, and in doing so, you did the right thing. Make deadlines in writing.

Over a decade ago, a very dear friend once said to me after listening to an extremely stressful situation "Other than the money, what's it costing you?" The cost to my sanity and happiness was not worth the money involved. I chose my sanity and happiness. To this day, I have no regrets. Just some food for thought for you.

 

[asburylane]

response to Blondie

Hello and thank you very much for your help.
I did go to church this morning and feel alot better. Like I said, my attorney told me I will get a letter Monday about my bro's offer on the property. I will wait to get the letter and then call him and tell him what you suggested. I simply do not want to meet with my brother and his attorney. I know they will try to sucker me into something..its my brothers way of doing things. I know you said give 48 hours...but I am supposed to give more time, according to his and my lawyer, because bro is out of town so much, so what do you think about me giving him until the end of June? My bro is to be in town on June 27th...that whole week, so he should be able to apply for a loan then...which I know will be a huge waste of time...anyway...My lawyer really really wants me to have this meeting on 27th with my bro and his attorny,,and of course,,,my lawyer said he would be there as well. My question or problem is---How do I convince my lawyer I siimply do not want this meeting..when I tried to explain it to him how I do not want it and why, he interrupted me and said I really need to do it to resolve everything...and there just isnt anything really to resolve now. I feel like my lawer is putting pressure on me to do something I just dont want to do....And I know he has alot more to worry about than my little estate case....But I will do as you said and hope for the best as far as telling him about not wanting to meet with my bro and letting him try to buy property for appraised price only, etc....again..thanks so much...God Bless and have a great day!

 

[BlondiePB]

so what do you think about me giving him until the end of June? My bro is to be in town on June 27th...that whole week, so he should be able to apply for a loan then

I think that that is very gracious of you. A week is plenty of time for your brother to obtain a mortgage. Put deadline in writing.

which I know will be a huge waste of time...anyway

Then you can rest assure that you did the right thing and then sell the house to the other buyer.

How do I convince my lawyer I siimply do not want this meeting..when I tried to explain it to him how I do not want it and why, he interrupted me and said I really need to do it to resolve everything...and there just isnt anything really to resolve now. I feel like my lawer is putting pressure on me to do something I just dont want to do.

Just let your lawyer speak for you at the meeting. You do not have to say anything if you do not want to. Going to the meeting is standing up for yourself. Don't let your brother and his attorney intimidate you anymore.

God bless you too and have faith that this will be resolved.

 

[asburylane]

Blondie..I am beside myself...

Hello,,,I will keep this short and sweet..having major computer problems..this has been so unreal...
1. my lawyer sec called me monday morning and said that now bro wants to give me low appraisal price of $35,000, when I told her that on Fri my lawyer said he wanted to offer me only $15,000, she acted shocked. Now we were both confused.
2. I have yet to receive this "letter" my atty said I was giong to get..have now realized I am not getting any letter.
3. They are pushing this meeting on me furiously, I just dont want to go.
4. I have strong feeling that bro just wants to give me small cash down payment and then make rest of the payments to me...I can just imagine it.
5. I strongly feel my atty does not have my best interest in mind here so considering another atty after this..becuase I did what he said...gave my bro 10 days...and now he still wants me to entertain a meeting in 2 weeks....
6. have not hear good things about my lawyer within the community.
Your advice is greatly appreciated!!!!!

 

[asburylane]

one more thing...

p.s. (add on here) I am considering just having an auction to sell the house and prop too. I am so sick of worring about all this and dealing with my atty....i would like to know your opinion..could I get in trouble for just going ahead and auctioning house off too the same day as the scheduled auction? As as I stated....lawyer is really confsing me and wont give me info...please let me know what you think. THANKS!!

 

[BlondiePB]

p.s. (add on here) I am considering just having an auction to sell the house and prop too. I am so sick of worring about all this and dealing with my atty....i would like to know your opinion..could I get in trouble for just going ahead and auctioning house off too the same day as the scheduled auction? As as I stated....lawyer is really confsing me and wont give me info...please let me know what you think. THANKS!!

I really think you should stick to your plan. Selling houses at auctions typically do not sell at the appraised price. It is doubtful that your brother will be able to obtain a mortgage and then you can sell the house to the party that wants to buy it. If you are not happy with your lawyer, you can always fire him/her. Doing so will most likely drag this out even longer. It's mid-June now, the time is coming soon for your brother to "put up" or "shut up". Just hang in there and make the right decisions.