M
Marmee
Guest
My husband's mother passed away Dec 2000, leaving most of her money in annuities to named beneficaries and very little in her estate to cover the estate expenses.
My husband received, as the named beneficiary, from her: two life insurance policies (his name has been on the policy as beneficiary since 1975), two CD's from her joint account which names him as owner upon death of one of the joint owners, and also a joint checking account with her, which passed to him as survivor. (His name has been on the CD and joint checking account since 1995) I believe these bypass probate. (He also received several auunities, which I know bypass probate and dealt directly with the company.)
My husband's brother, as executor, has ordered the estate lawyer to take these items to court to argue that these items were intended for paying for the funeral and other expenses of the estate. The estate lawyer has informed us that my husband does own these said items as they bypass probate. However, he has not yet been able to convinve the executor of that fact. The brother is attempting to bring these items into the estate, stating that the intend of those were to pay for the funeral expenses. There is no convincing evidence of other use nor any other documents stating otherwise.
The estate is just about closed, all is left is to file the inventory papers, clsoe it and pay the estate lawyer. My husband has paid the majority of the estate expenses (over $7,200) from his own personal money and from the checking account that was taken away from him by the executor without his permission (he just went in as executor and withdrew/closed it without telling us) - whereas the brother refuses to pay any more than the $1,000 that he paid. I must say that the brother is extremely greedy and will not spend a penney if he does not have to, even though he received over $50,000 in inheritance from his mother's annuities.
He also mishandled the estate account by not returning annuities to the proper beneficiaries that were deposited after her death - over $1,000.00 worth - the majority belong to my husband and a small portion belonging to our nephew. That money was used to pay for some of the funeral and estate expenses. We have not seen the accountability/inventory list - and have asked ifor it repeatedly as we do not trust this brother. He was never intended to be the executor, he took it out from underneath my husband - another story....
My question are: is this lawyer obligated to take this to court, even though it is very clear in the Wisconsin Statutues that the items belong to my huband?
Is it ethically right that the lawyer does this even though it is for the benefit of one (the brother)?
I feel it would be a conflict of interest for this lawyer to represent the brother against my husband and his nephew and that he should close this and have the brother get his own lawyer. If this does go to court, it would greatly increase the lawyer expense and this one was supposed to be a very simple estate to close!
If these items bypass probate, should this even be brought into the estate and taken to court with this estate lawyer?
The annuities that were not returned to the beneficiaries - how do they get it back? I have proof - copies of all the returned checks that were signed by him and deposited in Jan, Feb and March of 2001- got them, upon request, from the annuity company. I need to see the inventory report to see what and how he recorded those deposits as.
If this does go to court, then we will have to get our own lawyer, and we will end up paying for BOTH lawyers!! This lawyer should be representing all of the survivors, not just one person of that estate??
Thanks for any answers you can give.
Marmee,
from Wisconsin
My husband received, as the named beneficiary, from her: two life insurance policies (his name has been on the policy as beneficiary since 1975), two CD's from her joint account which names him as owner upon death of one of the joint owners, and also a joint checking account with her, which passed to him as survivor. (His name has been on the CD and joint checking account since 1995) I believe these bypass probate. (He also received several auunities, which I know bypass probate and dealt directly with the company.)
My husband's brother, as executor, has ordered the estate lawyer to take these items to court to argue that these items were intended for paying for the funeral and other expenses of the estate. The estate lawyer has informed us that my husband does own these said items as they bypass probate. However, he has not yet been able to convinve the executor of that fact. The brother is attempting to bring these items into the estate, stating that the intend of those were to pay for the funeral expenses. There is no convincing evidence of other use nor any other documents stating otherwise.
The estate is just about closed, all is left is to file the inventory papers, clsoe it and pay the estate lawyer. My husband has paid the majority of the estate expenses (over $7,200) from his own personal money and from the checking account that was taken away from him by the executor without his permission (he just went in as executor and withdrew/closed it without telling us) - whereas the brother refuses to pay any more than the $1,000 that he paid. I must say that the brother is extremely greedy and will not spend a penney if he does not have to, even though he received over $50,000 in inheritance from his mother's annuities.
He also mishandled the estate account by not returning annuities to the proper beneficiaries that were deposited after her death - over $1,000.00 worth - the majority belong to my husband and a small portion belonging to our nephew. That money was used to pay for some of the funeral and estate expenses. We have not seen the accountability/inventory list - and have asked ifor it repeatedly as we do not trust this brother. He was never intended to be the executor, he took it out from underneath my husband - another story....
My question are: is this lawyer obligated to take this to court, even though it is very clear in the Wisconsin Statutues that the items belong to my huband?
Is it ethically right that the lawyer does this even though it is for the benefit of one (the brother)?
I feel it would be a conflict of interest for this lawyer to represent the brother against my husband and his nephew and that he should close this and have the brother get his own lawyer. If this does go to court, it would greatly increase the lawyer expense and this one was supposed to be a very simple estate to close!
If these items bypass probate, should this even be brought into the estate and taken to court with this estate lawyer?
The annuities that were not returned to the beneficiaries - how do they get it back? I have proof - copies of all the returned checks that were signed by him and deposited in Jan, Feb and March of 2001- got them, upon request, from the annuity company. I need to see the inventory report to see what and how he recorded those deposits as.
If this does go to court, then we will have to get our own lawyer, and we will end up paying for BOTH lawyers!! This lawyer should be representing all of the survivors, not just one person of that estate??
Thanks for any answers you can give.
Marmee,
from Wisconsin