whatsagirltodo
Junior Member
What is the name of your state?What is the name of your state? WI
My mom's estate has been in Probate going on 2 years, her estate went into probate a week after.Notice to creditors filed within 2 weeks. Small estate. At the time of death very few bills. Her vechicle was sold within 4 months of her passing, which paid off her auto loan. No medical bills. Funeral was paid within 3 months. No credit card debt. She did have a mortgage owed over half. Before her passing she cashed in some old cds, put that in her savings. She also inherited a nice sum of money, but she did not get that until she passed away. The Estate lawyer estimated estate should close very quickly within 9 months at the most.
Which brings us to my Brother the executor. He has had his eyes on mom's house. He has drained the estate to nothing. He was never on time paying the mortgage..which caused late payments fees. The house was near foreclousure a few times(more uncalled for fees). Also more fees for the Estate lawyer. It is my belief that he(executor) was using estate funds to pay his own bills. The courts have no accounting for the estate. There was a hearing to Show cause and executor claimed the estate will be closed soon. I have asked for accounting and as of today, i still have nothing. I have read everything in my state to Executor's responsibllity to the estate and it seems to me he has broken darn near everyone. To make the estate money he has failed, he could of had someone renting on a short term lease. That way the renter would be making the mortgage payments and mom's estate would of been making money. I talked about this with him and he refused, he let the house sit vancant for over 1 year! He has been living in the house with his family for 6 months.
Now my question is. I just found out that another sibling gave him a loan about 10 months ago. The sibling just told me, and said i should of never gave him the loan because i will never see a dime of it. So i am under the impression it was soley a loan to brother. I spoke with brother around this time of the loan and he said i am all caught up on my bills, now i can move into mom's house. Now the estate lawyer is saying this is a estate loan! Thats how i found out. So the executor is trying to stick the estate with this loan. Now the estate if it is for the estate, would not of needed this loan if it weren't for brother mishandling everything.How can he prove that this loan was for the estate? Can i recover lost estate funds, because he screwed up? Could i go back to 9 months at the most and recover from that time? I do know taxes were filed and done in March of 2003 for the year of 2002, the year mom passed away. I will post the next part of this if someone kindly responds. I don't want to throw to much out there at once. Thanks
My mom's estate has been in Probate going on 2 years, her estate went into probate a week after.Notice to creditors filed within 2 weeks. Small estate. At the time of death very few bills. Her vechicle was sold within 4 months of her passing, which paid off her auto loan. No medical bills. Funeral was paid within 3 months. No credit card debt. She did have a mortgage owed over half. Before her passing she cashed in some old cds, put that in her savings. She also inherited a nice sum of money, but she did not get that until she passed away. The Estate lawyer estimated estate should close very quickly within 9 months at the most.
Which brings us to my Brother the executor. He has had his eyes on mom's house. He has drained the estate to nothing. He was never on time paying the mortgage..which caused late payments fees. The house was near foreclousure a few times(more uncalled for fees). Also more fees for the Estate lawyer. It is my belief that he(executor) was using estate funds to pay his own bills. The courts have no accounting for the estate. There was a hearing to Show cause and executor claimed the estate will be closed soon. I have asked for accounting and as of today, i still have nothing. I have read everything in my state to Executor's responsibllity to the estate and it seems to me he has broken darn near everyone. To make the estate money he has failed, he could of had someone renting on a short term lease. That way the renter would be making the mortgage payments and mom's estate would of been making money. I talked about this with him and he refused, he let the house sit vancant for over 1 year! He has been living in the house with his family for 6 months.
Now my question is. I just found out that another sibling gave him a loan about 10 months ago. The sibling just told me, and said i should of never gave him the loan because i will never see a dime of it. So i am under the impression it was soley a loan to brother. I spoke with brother around this time of the loan and he said i am all caught up on my bills, now i can move into mom's house. Now the estate lawyer is saying this is a estate loan! Thats how i found out. So the executor is trying to stick the estate with this loan. Now the estate if it is for the estate, would not of needed this loan if it weren't for brother mishandling everything.How can he prove that this loan was for the estate? Can i recover lost estate funds, because he screwed up? Could i go back to 9 months at the most and recover from that time? I do know taxes were filed and done in March of 2003 for the year of 2002, the year mom passed away. I will post the next part of this if someone kindly responds. I don't want to throw to much out there at once. Thanks