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Estate held hostage by siblings

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P

pamtime

Guest
What is the name of your state? Oregon
My cousin was named exeucutrix of her mothers estate. She is the youngest of 5 children. The estate was not wholly complex. 1) there was cash in the freezer to pay for the burial and related debt. Cousin N and brother Cousin B place money in bank. Cousin B stole the money and the contents of safe deposit box day of funeral. Cousin N hired atty to try to protect the assets of the estate. Cousin B,K,and V hired atty. The long and the short of it is that Cousin N's atty has the remaining 700$ of the estate. N has been paying for a storage unit, maintaining the manufactured (OLD) home pending settlement of the estate. She has received no monies of the estate. She cannot get copy of all related paperwork from her atty. Now Cousins B & K are threatening to sue her, they have tied up the estate with arguments of never being satisfied with the disbursal of the estate. Every time they say they are ready they start another stink. N's atty has thrown hands in air saying I am tired of this, I haven't been paid and there isn't enough in this estate to stay involved. What options does N have? She is at her wits end, a single mom of a disable child, and cannot afford to pay the storage any longer, siblings are not willing to help with the storage and the sib that took the bulk of the estates assets is the one being a "butt". She wants out and doesnt' know what to do now. She doesn't want to get in trouble with the estate. She is going broke trying to handle the estate and the other sibs and trying to run up as many legal expenses as possible....really nasty situation.
 


Dandy Don

Senior Member
(1) How much money did N & B put in the bank?

(2) What is the total value of the estate, and what other assets were in the estate besides the money?

(3) How did N & B set up the bank account--as joint co-owners of the account?? IF so, that was her biggest mistake. She should have set up the account in the name of the estate, with her (as executrix), being the ONLY official account owner. Exactly how did B steal the money?

She needs to ask her attorney if she can sue B to get back the money he stole, but it may be a losing cause if she set up the account incorrectly, then she is partially responsible.

(4) Why can't she get related paperwork from her attorney--is it because the attorney has not been properly compensated yet?

(5) What "legal expenses" are the other siblings creating?

It's mighty bold and cheeky (and also unbelievable) that they are threatening her with a lawsuit (which they won't go through with) about how the estate was handled when they stole most of the money!! She doesn't have to worry about their threats if she has documented proof to account for every penny she has distributed.

She should just tell the attorney to close out the estate and to keep the remaining $700 and be done with the whole thing. Just for her information, Oregon executor fees are calculated at 7% of the first $1,000 of estate value, plus 4% of the next $9,000, plus 3% of the next $40,000, plus 2% on any amount over $50,000, plus 1% of property subject to inheritance or estate tax.

DANDY DON IN OKLAHOMA ([email protected])
 

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