T
TrentDuke
Guest
What is the name of your state? Kentucky
My great grandmother died back in Feb of this year. My uncle was named executor of this will who beneficiaries included my mother, brother and I.
My uncle was livid and very mad that my brother and I were named in the
Will - all of us equals. We did not want him to have control over my grandmother's assets. We were advised by the lawyer who wrote the Will that when my uncle goes to file, we would be notified by probate and have a chance to protest. We never received any notices. If they sent out any notices, we would not have received them due to the fac that our addresses on the Will were several years old which my uncle KNEW.
Do we have any recourse for not being notified?
After 6 months of my uncle being the personal rep...August, he has refused to distribute the estate because he is upset how the Will was written (left his 10 month old daughter out of the Will). Here is it in November and my uncle still hasn't done anything with the Will...not that he doesn't have the time. The assets have been all taken care of and the funds sit there in the bank under his name. He hasn't file anything in court to "add a beneficiary" or to "contest" the Will although he told us to expect such filing at the end of August.
Under KY law, my brother and I are required to pay state inheritance tax cause we are considered "class B" people i.e. great grandchildren. Now, the law also states that if we pay the taxes within 9 months after the death, we get a 5% discount. If probate lasts longer than 18 months. We have to pay a penalty and interest on those taxes.
With the Will not being contested and my uncle holding the money hostage out of anger, is there anything we can do to get that money disbursed?
Our personal lawyer filed a "demand of notice" back in May. Our estate lawyer and my uncle have yet to comply. This is a very small estate...only $132K approx. so it is not difficult to comply with.
How long do they get? Can we file another one with the court? Can I do it myself?
When my uncle went to probate in Feb, he filed "household goods" as unknown. But when he filed an Inventory Report in June, he excluded the household goods in the inventory section which amount to over $3000. By not listing those goods, this allowed his father to go into the house and steal items and give many items of value away to his tenants for free.
Is that legal? Isn't that grounds for removal? Do you have to have a lawyer to remove an executor?
Thanks
Trent
My great grandmother died back in Feb of this year. My uncle was named executor of this will who beneficiaries included my mother, brother and I.
My uncle was livid and very mad that my brother and I were named in the
Will - all of us equals. We did not want him to have control over my grandmother's assets. We were advised by the lawyer who wrote the Will that when my uncle goes to file, we would be notified by probate and have a chance to protest. We never received any notices. If they sent out any notices, we would not have received them due to the fac that our addresses on the Will were several years old which my uncle KNEW.
Do we have any recourse for not being notified?
After 6 months of my uncle being the personal rep...August, he has refused to distribute the estate because he is upset how the Will was written (left his 10 month old daughter out of the Will). Here is it in November and my uncle still hasn't done anything with the Will...not that he doesn't have the time. The assets have been all taken care of and the funds sit there in the bank under his name. He hasn't file anything in court to "add a beneficiary" or to "contest" the Will although he told us to expect such filing at the end of August.
Under KY law, my brother and I are required to pay state inheritance tax cause we are considered "class B" people i.e. great grandchildren. Now, the law also states that if we pay the taxes within 9 months after the death, we get a 5% discount. If probate lasts longer than 18 months. We have to pay a penalty and interest on those taxes.
With the Will not being contested and my uncle holding the money hostage out of anger, is there anything we can do to get that money disbursed?
Our personal lawyer filed a "demand of notice" back in May. Our estate lawyer and my uncle have yet to comply. This is a very small estate...only $132K approx. so it is not difficult to comply with.
How long do they get? Can we file another one with the court? Can I do it myself?
When my uncle went to probate in Feb, he filed "household goods" as unknown. But when he filed an Inventory Report in June, he excluded the household goods in the inventory section which amount to over $3000. By not listing those goods, this allowed his father to go into the house and steal items and give many items of value away to his tenants for free.
Is that legal? Isn't that grounds for removal? Do you have to have a lawyer to remove an executor?
Thanks
Trent