• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

am I getting ripped off?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Z

zeb taylor

Guest
What is the name of your state?louisiana I just received a list of property from my father's estate. I understand everything, but my step-mom has added seperate liabilities. She has included the entire cost of the funeral and the her probate lawyer. She didn't include it as community property so that the cost is split between herself and his heirs. She also included a charge of $45,000 for reimbursement of one-half of communicty property utilized to satisfy decedent's separate obligation and or for benefit of decedent's seperate property. I don't understand because my father's share of community property liabilityies is only $23,356. Where is she getting the figure and can she just add an estra $20,000 extra for her time. I realized that the administrator got paid, but I didn't realize that figure was $20,000. I'd have been the administrator if I would have known that!!! Thanks in advance for the heads up.
 


Dandy Don

Senior Member
Yes it does seem as if you are getting ripped off here, but we can't give you a complete answer because we can't see all the documents/information relative to this case.

You need to be asking HER to explain how she arrived at the $45,000 figure--naturally she is going to inflate it so she can try to get more money for herself.
 
Z

zeb taylor

Guest
infomation

louisiana. My step- mother states that the assets are community property as $48859.02. The value of decedents's undivided one-hald interest: $24,429. The seperate property is listed as my father's house which was appraised in 1984. $90,000. The contents of residence is $3,500. The community liabilities are listed as $46,713. The value of decedent's undivided one-half interest is $23,356. She has listed the seperate liabilities of $10,000 for the funeral and $5,000 for her lawyer to start the sucssion. She has also included $45,000 for her one-half community proerty ultilized to safisfy decedents's sepereate obligation and the benefit of the decent's seperate property. What I don't get is the fact the community liabilities are listed as $46,713 ahd she is saying that my dead father liabilities is $60,000. How can that be if communitiy libility is split down the middle between the spouses? I can't afford a lawyer, but technically, since I have to pay for her lawyer out of the seperate liabilities before I get my inheritence, is he technically my lawyer and can I realisticly ask him these questions to benifit myself or is he still bound to my step mom since she has the contact. (Even though I'm paying).
 

Dandy Don

Senior Member
He is still bound to your stepmom and so he would be biased towards her and you could not depend on him to give you a completely honest answer. If you talked to any local probate lawyer about your situation and told him that you only needed a few hours for advice/consultation, that would probably be a few hundred dollars total. It might be cost effective for you to get the knowledge since that may help you challenge something that might help you save money in the long run if you are knowledgeable about what you are doing.
 
Z

zeb taylor

Guest
thanks,but...

I appreciate the help! NO one in my family could care less about seeing that I have some idea of what to do in this situation. I spoke to the lawyer today and asked him since I'm paying for his services(the estate) could I ask his advice. He told me that it's law in most states for the estate to pay for the funeral expenses and the lawyer's fee for the sucession. I don't know if this is true or not. After 17 years of marriage, it seems to me that their finances were more intertwined that was thought.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top