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Executor Abuse Of Power?

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LLBMOM

Junior Member
Executor Abuse Of Power...HELP?

What is the name of your state? MASSACUSETTS

I was my aunt's POA while she was alive. Just prior to her death, some distant relatives ( I mean very distant) had just found out she inherited money, and manipulated her to change her will. They even drove her to the attorney's office. Anyway the will was contested. The judge felt there was enough evidence that foul play was involved, that he appointed a court appointed executor. This distent relative was named as executor previously. This distant relative is also facing accessory charges to B&E, as well as her son with A&B at my aunt's funeral in front of a priest. (This just show you want kind of people we are dealing with here.)

My aunt was an animal rights person, and loved her animals. I cared for them and placed most of them while she was still alive. Upon her death, I still cared for them, even though I had no legal right to do so, but someone had to. When the executor was appointed, I met him at the house, and told him that there were 2-3 cats still there. He would need to call animal rescue to get them. Months goes by. No return call as to the status of the cats. :mad:

At the deposition, he openly admitted that he went to the house for the first time that day since I saw him (Three months later). I asked about the cats. He said he did nothing, that is was too expensive to call animal control. I was very upset at the fact he would let animals starve to death. I called and found out it would cost FREE. The MSPCA was called, not by him, but the family. Dead cats were found, but he told the familty that the MSPCA found nothing. Since he was reported to proper officials for animal neglect, he has sought vendetta against me personally. :confused:

He has refused to reimburse my expeses as POA or any funeral expenses I paid for my aunt. He has paid no other bills, except an oil bill supposedly for my aunt's home ( my aunt never had oil heating, only electric). There may be other instances of misaapropriation of monies. Yet he has charged the estate over $10,000 for similar acts. He has failed to notify any heirs of their potential inheritence. He has made threats against me as a result of the MSPCA complaint. He wants me to pay the estate all monies my aunt authoprized me to pay. He said if I refuse to pay, then he is going to file elder abuse, and theft. He is also accusing me of failing to do a proper funeral, and demands my aunt's ashes given to him, which have already been scattered. He says we are lying. This alone, I feel is completely stepping over the line. Not to be blunt, but who the f*** is he to determine want my aunt wanted as a proper funeral and where her ashes should be scattered? :eek:

I feel he has EMOTIONAL SCARRED me and my family. :eek: This man has threatened me to IMPERSONATE MY DEAD GRANDMOTHER to close a bank account. This executor has also allowed persons currently charged w/ A&B to remove property with no accounting for the whereabouts of the property. Since he is court appointed, what do I do? What rights do the other heirs have in regards to this abuse. The estate upon my aunt's death was estimated at over $500,000. Now with legal fees involved, less than $100,000, and no bills have been paid yet. Is there a case? What do we do? What can we do? At this rate there won't be money to pay the bills including the one he is refusing to pay, mine. Can he be held accountable? Our family is completely withdrawn, and upset, that for the second time around they feel the've been taken advantage of. We feel that this person is taking advantage of our feeling as well as abusing them. Please plese help????? Final question...Do I need to sue the estate in small claims for each item before the money runs out? DO I NEED TO HIRE MY OWN ATTORNEY? Since I was POA, can the estate pay for it? This man is malicious and abusive. My Dad is extremely depressed at what he is doing to him emotionally. PLEASE HELP??????? :(
 
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seniorjudge

Guest
If you feel your rights are being violated, you should hire your own attorney.
 

LLBMOM

Junior Member
Thanks for replying....it so much appreciated....My challenge is finding one. I called the Barr, and they had no one. I looked in the phone book , and the same. And is not just my rights, it is my brother, my father, and everyone esle who was close to my aunt, except those who stole. We don't know where to go. Can we represent ourselves in court in a suit against him??? If yes? How??? HELP????? :(
 

Dandy Don

Senior Member
Surely it can't be that hard to find a probate attorney. What city do you live in? You desperately need an attorney to force the disreputable executor to act more responsibly since he can't bluff anyone who knows the law.

Your attorney can file a claim for reimbursement of the funeral expenses with the estate.

Visit www.martindale.com and start searching for somebody. How can you honestly say that a bar association could not recommend an attorney for you since that is their business and purpose?
 
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seniorjudge

Guest
There are tons of probate lawyers in your state.

Pool a bunch of dough together and then start looking.

This is nothing you can do yourselves; also, your rights may be slipping away.

You need to act quickly.
 

LLBMOM

Junior Member
:( I have consulted w/ an attorney, and it is gonna cost A LOT OF MONEY (prob. $10k to collect $10k) that I do not have because of all the money I tied up doing the right thing in this matter. This executor is trying to do I don't know what, but wants me to pay back all the money I took out as POA or he is threatening to sue me. This was as of yesterday. :mad: He further acknowledged his intention to not reimbuse me. He is doing all of this (I suppose), because I reported him to the MSPCA for allowing my aunt's pets to starve to death under his care. My aunt was an animal rights person. :confused: Is this malicious procesution and excessive abuse of his duties? :confused: Do I need a probate attorney or do I need a defense attorney? I am in the finance bus., and if he accuses me of theft, I can lose my business, hense lose my house, etc. :eek: I am completely lost right now and stressed. Also to mention my husband was a victim of A&B w/ the other party in the conesting of will? The DA told us they are not supprised of these lastest issues, and to expect them to get worse. What do I do? Can I just show up at the probate hearing and request to let the judge hear me? Is there a form or petition I can file? If I can't hire an attorney, can I do any of the above? Thanks so much fo all your imput. It means a lot. :eek: PS I was looking for a malpractice attorney, but I guess you are all saying I need a probate attorney :confused:
 
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seniorjudge

Guest
"...My aunt was an animal rights person, and loved her animals. I cared for them and placed most of them while she was still alive. Upon her death, I still cared for them, even though I had no legal right to do so, but someone had to. When the executor was appointed, I met him at the house, and told him that there were 2-3 cats still there. He would need to call animal rescue to get them. Months goes by. No return call as to the status of the cats...."

Why did you stop taking care of the cats?
 

Dandy Don

Senior Member
If you have been quoted a price of $10K to take care of this matter, you seriously need to be interviewing with 2-3 more attorneys to get a more objective evaluation of your case!! Filing a claim with the estate to be reimbursed for the funeral expense should cost no more than a hundred or a few hundred dollars, and this expense is probably a priority claim that will be in line to be paid first. If executor deliberately ignores this or refuses to pay, it is probably not just up to him to decide whether it gets paid--there should be a way for it to be seen by the judge.

Executor is simply trying to intimidate you since you are unaware of the legal procedures--he has no grounds for filing suit against you for elder abuse, and you can blow this out of the water if you have receipts that can prove you used some or most of the money for aunt's living expenses.

Attorney will also need to advise you on perhaps asking the court for an executor's bond to be posted (if one has not already been posted)--something is seriously wrong if he has drained this estate by claiming exorbitant attorney fees unjustifiably (executor fee in your state if 5% of the first $100,000 of estate value, plus 4% of the next $200,000, plus diminishing percentages on anything remaining).

Be encouraged that right is on your side and if you find an experienced attorney who will stand up for you, you will emerge victorious!!!

DANDY DON IN OKLAHOMA ([email protected])
 

LLBMOM

Junior Member
I stopped taking care of the cats by order of the court when I met the executor at her house. I turned over that responsibilty to him. I had to legally or I could face tresspassing charges. :eek: I did get the MSPCA involved which is why I think this executor is maliciously going after me. As it is right now, they accusing me of theft of items in the house, when these same people (politely) broke in and stole stuff while my aunt was alive. :mad: There is a police report. As far as an attorney so far I have called 3 w/ no return call yet. That was 3 days ago. :confused: The hearing is tomorrow. He is asking the courts (supposedly) to sue me for elder abuse, refusal to return car (repossed & gave him all paperwork) and theft of monies ( monies I withdrew to pay all sorts of expenses while POA). :( Because of this is why he claims he will not reimburse me. Today the oppositions son pleaded Guilty to A&B at my aunt's funeral. :) Their attorney made many false statements if sladerous to the judge, and claimed I stole money, neglected my aunt medically (I had Hospice), I violated her religious rights by having her funeral at a church. Will this help me? :p My husband was the victim. THANKS SO MUCH
 

LLBMOM

Junior Member
Just an update today in court. The executor still will not reiminburse me my POA fees & expenses, and funeral expenses. :mad: He wants me to pay the estate the monies I withdrew. I told him I did nothing Illegal or unethical, and I will not do anything that is wrong. I told him I am in the fin. bus. and I would not do such acts he is accusing me of, and he told me well you are in a lotta trouble then. :confused: I have left 4 msgs for various attorney's to call me back. I spoke w/ one and they want a $5,000 retainer. :( Does anyone know how to petition the court w/out an attorney to request that the estate pay for my legal bills, since I am attempting to collect $ owed? Then I can give anyone any retainer they want. Secondly, does anyone have an opinion as to whether there is a case for legal malpractice? :rolleyes: Thanks for all the replys. I am truly grateful Thanks. :)
 

Dandy Don

Senior Member
You are making a big mistake by not personally talking to an attorney to best find out how to resolve your situation. This executor could be guilty of breach of duty and you need to find out how he could be replaced. Or post your question on lawguru.com, another free legal advice message board. It is not very likely that a Kentucky attorney will be reading this message board, so if you are waiting for a response, you are waiting in vain. A local attorney could best advise you on how to achieve what you want.
 

GaAtty

Member
GaAtty

There are lots of attorneys in your state. Keep trying. Go for the smaller practitioners. You want to look in the phone book for probate attorneys or attorneys that do civil litigation. For everyone you call that is too expensive or says no, ask them for a referral to someone else. If this executor is really serious about making you pay the money back, or of stealing things in the house, or of neglecting your aunt medically, or of "violating her religious rights by having her funeral in a church" (that's a good one, never heard that--no such thing in my opinion, and I doubt that he is the proper party to bring such a case if there is such a cause of action)--then---let him sue you and stop talking! It sounds to me as if he is trying to intimidate you. There's a proper way to make such claims, and that is through the courts. However, a court action is expensive, and it would be so much cheaper for him if he could just get money back by intimidating you. There is no reason that you should have to account for money you spent as POA unless you are sued. Until then, you don't have to really respond. You POA powers stopped on her death, and his executor power started after her death. Have you ever considered having an attorney do an action in the court for you to be executor? Keep shopping for an attorney, and stop communicating with this person except through court proceedings and through your attorney. You need an attorney and don't wait too late.
 
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seniorjudge

Guest
GaAtty said:
There are lots of attorneys in your state. Keep trying....
Well, you're the third one who's told LLBMOM that. I hope she listens now. If she's got an LLB for a child, why doesn't she ask that child some of these questions?
 

LLBMOM

Junior Member
MA_ STATE .....I will wait to do anything until I consult an attorney. I just heard my father is paying back the estate $25,000 just so he can move on. :confused: I guess he was afraid if he did not do this, more monies would be waisted in attorneys fees coming out of the estate. Those monies could and probably would be more than $25,000. He told me he did this to preserve what monies were left over in the estate. So does this dimishish my case to just trying to get the monies owed to me? About $10k. Or do I have to still worry? :confused: I was told I am going to have to sign some paperwork. Do I need an attorney to review this prior to signing to make sure I am not signing away my rights? Thank you so much for all your advice, and believe me I am taking it to heart. :) Some questions I am posing here are devil's advocate type...What if( going w/out an attorney)? I would not do so if you all believe it is in my best interest. ;)
 

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