No Cooperation From Boyfriend

What is the name of your state? California

My mother-in-law died this past April. She had a rather large estate, but no will and/or power of attorney, to our knowledge. She lived in Arkansas at the time and owned a business. She was also collecting monies on a note, (bill of sale) that was from a business sold in California. The question I have is how can we protect her estate without the boyfriend getting everything? He has not cooperated, not even as much a phone call to discuss what should be done with the estate. Also, mother-in-law purchased a motorhome, (which was being paid via automatic withdrawl from her personal account). This bank account was only used to receive pension payments from ex-husband and to make payments on this motorhome, to our knowledge. If the payments were continued to be paid out of this account, and he still has this motorhome, can we collect monies that have been used from this account to pay on the motorhome? He has not once contacted us to discuss her estate and we are getting an attorney, just taking some time to come up with retaining fee. You should know that this was a 5 year relationship with boyfriend and all purchases were in mother-in-laws name. His name is on NOTHING.

The purchasor of the California business has not made a payment in over 6 months. He is in breach of contract right now. What can we do to recover this loss.

Sorry, this message is kindof a mess and any information would be helpful. Thank you so much...

The FIRST thing you do is get in contact with a probate attorney first thing Monday in Arkansas, preferably where mom lived. The boyfriend has no claim to anything in the estate and he needs to be out now.

If you don't kown anyone in Arkansas, go on the web https://attorneypages.com.

Yes, you should have retained the services of an Arkansas probate attorney long ago. Don't worry about trying to come up with the retainer--after you mention the value of the estate, any smart attorney is going to be inclined to take your case anyway because he will be able to get an executor's fee (UP to 10% of the first $1,000 of estate value, plus 5% of the next $4,000, plus 3% of the balance, plus reasonable fee for services involving real estate).

No wonder boyfriend is not cooperating--he knows he is not entitled to anything.

Executor will need to find out how the bank account is titled (is boyfriend listed as a joint co-owner or not) and look at the bank account activity to figure out what has gone on and what to do. Purchasor of the business will be given some time and official notice of where to send the lapsed payments.

DANDY DON IN OKLAHOMA ([email protected])

No Cooperation from boyfriend

Arkansas ~ Thank you for your reponses to my message.

Regarding business in California that was sold. Can we then send this person information regarding where monies should be sent? What about the delinquent payments? (We do have original contract).To my understanding, before mother passed, payments were not being made as well.

We were in contact with said (purchaser) shortly after death. We informed him under no circumstances is he to send money to boyfriend. We have not heard from him since, (approx. April 6th). Am I understanding correctly that we could just send letter demanding payment?

Question II: Business is a franchise. We have been in contact with the corporate offce numerious times to get information on business and if any other name was listed. To our knowledge, mother is only name listed. We have received NO cooperation/retruned phone calls from franchise corporate office. I wonder why this is?????

Note: my husband did send siblings a letter requesting to be administrator of her estate and we obtaine signatures. Is this a legal document?

Just another note: This was a suicide. Boyfriend would not even let us come in to the home, just days after this happened, to get personal items of mother. (Which again everything was in her name - but this was rental property) He was on the defense from the get go, like we were all about the money.

Thank you again, you have been a major help.

No one is going to do anything about paying what is owed until the estate is opened and for that you need to get yourself to Probate court YESTERDAY.

Do as I said and have hubby either send (certified RRR) the attorney the signatures of all relatives to be named executor or better still, fly to Arkansas and get Probate opened.

Then evict boyfriend from the home. He needs to be out of there NOW.

When probate is opened the bank accounts should be frozen (it doesn't mean monies won't be allowed to be deposited) and then with the letters testimentary, your husband can contact the people who owe the estate monies and direct them to continue making payments to the estate.

At this time, your husband has no right to demand anything.

kristiski said:

Just another note: This was a suicide. Boyfriend would not even let us come in to the home, just days after this happened, to get personal items of mother. (Which again everything was in her name - but this was rental property) He was on the defense from the get go, like we were all about the money.

Thank you again, you have been a major help.

Click to expand...

Are you sure it was a suicide? Get a Probate attorney on Monday!

Let your attorney handle everything.

If payments were not being made before the death occurred, then the breach of contract had already occurred and there is nothing you can do to get him to pay up now.

Your husband's letter was legal, but based on a misunderstanding on his part. He does not need their permission to be administrator--whoever gets to the courthouse first (him or an attorney he would hire) gets that responsibility.

DANDY DON IN OKLAHOMA ([email protected])

My Eye's Are Opened Now

Thank You! I can't believe the tremendous help all of you have been. I've known all along something should be done and I have been the one making the phone calls trying to get answeres. Family is just upset and didn't/doesn't want to have to deal with this man, (boyfriend) and the situation all around. They did not feel right about this being a way to gain money from her suicide. I on the other hand I have had gut feelings, (was this a suicide?) and want to find out everything possible on the events that lead up to her death. We will get a lawyer, right away!

Question: When my husband was in Ark. he went to the local post office to have all her mail forwarded to our home address. We received the confirmation that mail would be forwarded and did receive a few pieces of mail,thereafter and then it stopped. We called the post office and they informed us it was in holding and that we needed power of attorney to have it forwarded. Mind you, we only forwarded any mail with her name on it, including the business with her name. (We believe boyfriend stopped that forward.) Can he do that and is that true, to your knowledge, regarding forwarding mail?

Thank you, again and we will be retaining a lawyer on Monday. It will be hard to fly out to Ark. but I know it is worth it in every way...

The USPS is correct they can't forward the mail if it is brought to their attention that the person requesting the change isn't the person, but at least they are holding it, so BF is not getitng it. They may have realized she was deceased or may have been notified by BF, your attorney can help you with everything and yes, it is better to go there in person at least for a while to close down her house and remove her belongings.

Something doesn't sound right, suicide or not, but without something more solid you may never know and something to be discussed with your attorney.

It's surprising that Post Office would be asking for a Power of Attorney, because if anyone had that document it would expire with the death of the decedent and would not be legally valid anyway. It is the EXECUTOR/ADMINISTRATOR that will have legal authority to submit the change of address after presenting Letters Testamentary, although as a surviving family member/heir you were completely within your rights for requesting such a change--boyfriend messed things up/confused the issue with the post office by submitting a change he was not authorized to do.

Thank You

Just a note to thank you all. I love the fact that you all are so straight forward - It makes it much more real when you have answeres that are not sugar coated. I will keep you posted of any progress and also, just to check in to make sure the lawyer and direction we go are in our best interest. Thank you once again for the awesome advise. This did validate my assumptions and I feel I have more confidence and ambition to get this ball rolling.

PS. The lawyer I did get in contact with, about a month ago, was obtained through the bar I found on the net and I am going to pose the question "will he do this on contingency", if not, we will look else where.

It sounds like GREED to me. If you'r so inclined to know your mother and she commited suicide . Everybody didn't care untilafter the fact.

Jensy said:

It sounds like GREED to me. If you'r so inclined to know your mother and she commited suicide . Everybody didn't care untilafter the fact.

Click to expand...

And who cares what you think since this is a legal site and you added absolutely nothing to the discussion.

Or would you like your stay here to be brief?

Please don't make the mistake of asking a lawyer to work for a contingency fee--they are entitled to the exact rates as described for executor fee for doing the work on this estate.

DANDY DON IN OKLAHOMA ([email protected])

Yes, I thought that was a rather off the wall comment.

The lawyer we were in contact with was very knowledgeable and I did feel comfortable with our conversation. I do believe we will hire this firm.

Today I spoke with the post office in Ark. and they did inform me that it was a complete mistake on their part. What a relief - At least I know we can get the mail back to us. She did state however, we needed, (and again she noted power of attorney) and that's when the conversation turned. I told her we are and we will send them documentation proving that, along with the death certificate and the signatures we obtained. Would this be correct, I mean, in what she is requesting in order to release the mail to us? I also asked her if she had the same info from said BF to release the mail to him? She got all tounge tied and said "let me check on that." She came back to the phone and that's when she told me all mail will be held until they receive a legal document from us. What would she be referring to?

Thanks again ~