• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need Answer Fast!!! Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

ronnie524

Junior Member
What is the name of your state? Pennsylvania
I've posted this question before, but the replys did not seem to understand so here I go again: Two days after my husband died I had an appmt with the estate atty. The atty asked me to appoint my husbands brother as executor, probably because I was consumed with grief.
I did what she asked, not understanding that I gave up my rights to how the estate would be divided. My husband did NOT have a will and I am the ONLY beneficiary.After some time passed, I was finding that no one would speak with me and that everything went through the executor (mortgage company & IRA) Even if I had a question for the estate atty, she would leave the answer with the executor. I asked the executor and estate atty to add me as a co executor cause i didnt feel right about not having a say in certain matters. They said yes and it would take the estate atty a few hrs of paperwork and have to take it to court to add me. I have been pressuring the estate atty to do this and I've have been strung along for 2-3 months now and we are about to file a malpractice suit for what happened to my husband with a different attorney and I am still not added as co executor on the suit. I havent signed the suit because Im scared that I should wait to be added and have the suit in my name as well. I am being pushed to sign the suit and wait to be added as executor and that makes me scared. I dont see why we are in a hurry. I feel I am being run around and I dont know why since I am the beneficiary however, when I authorized brother in law to be executor, He will be the one to say who gets what when they settle the estate and malpractice suit. I just want to be added in case they have plans for my money, I would like to be asked first or atleast have say in who gets what. Should I sign the malpractice suit? Should I wait until I am listed on the suit as co executor?
Is there a reason the estate atty has held off adding me as executor? Im scared!
Again, I am the only beneficiary as we had no children BUT when you appoint an executor, they have the power to distribute assets to whom ever they want. I am really scared!
I really need an answer fast as Im being pressured to sign the malpractice suit from the estate atty and executor. PS I am listed on the malpractice suit as wife suffering from the experience of "seeing" my husband die and seeing the negligent care he recieved which normally gets thrown out of court, meaning I am not on the main part of the lawsuit.
Please help me !!!!!!!What is the name of your state?
 


N

newguardian

Junior Member
Re: Need help fast

It's been my experience that one is better served following their gut in these matters. Since you have years to file the malpractice suit, I would suggest that you take a few very deep breaths, calm down and then call everyone (including the estate atty.) to let them know that you will not be signing until you are appointed co-executor...or better yet, subsituted as the only executor, since you are now in a better frame of mind to deal with your household affairs. As long as the executor concurs, there should be no valid reason the current executor would not step down as executor and remain supportive as a concerned family member. Certainly the malpractice attorney should be able to help the estate attorney see why delaying this process is not in anyone's best interest and may well cause you to consider your own malpractice suit against the estate attorney. This is, of course, merely my opinion and based solely on life experience - not legal training. There may be some other legal mumbo jumbo I should be adding here as a disclaimer, but I don't know a lot of legal mumbo jumbo so this will have to suffice.
 
D

Dandy Don

Senior Member
You seem to be somewhat naive in business and legal matters but you have no reason to be scared. The executor can NOT distribute monies to anyone they want to, as you claim, because that would be illegal. If you are the only heir, you are going to be the only one getting the bulk of this estate. If you don't want your husband's brother as executor, then hire your OWN attorney to be executor and ask your attorney how you can revoke your previous decision in writing so that your husband's brother can be replaced.

The reason they are not naming you as co-executor is because it is hard for 2 people to agree on much of anything and this would slow estate matters down.

As long as it is your husband's estate that is named on the lawsuit, your name does not necessarily need to be added on the lawsuit, since any checks going to the estate will be signed by your executor and YOU will still be getting most of the money.

Go find your own attorney and ask HIM to be executor so you can then be kept informed as you wish about how things are going with the estate.

DANDY DON IN OKLAHOMA ([email protected])
 
C

cp1957

Member
ronnie524 said:
What is the name of your state? Pennsylvania
I've posted this question before, but the replys did not seem to understand so here I go again: Two days after my husband died I had an appmt with the estate atty. The atty asked me to appoint my husbands brother as executor, probably because I was consumed with grief.
I did what she asked, not understanding that I gave up my rights to how the estate would be divided. My husband did NOT have a will and I am the ONLY beneficiary.After some time passed, I was finding that no one would speak with me and that everything went through the executor (mortgage company & IRA) Even if I had a question for the estate atty, she would leave the answer with the executor. I asked the executor and estate atty to add me as a co executor cause i didnt feel right about not having a say in certain matters. They said yes and it would take the estate atty a few hrs of paperwork and have to take it to court to add me. I have been pressuring the estate atty to do this and I've have been strung along for 2-3 months now and we are about to file a malpractice suit for what happened to my husband with a different attorney and I am still not added as co executor on the suit. I havent signed the suit because Im scared that I should wait to be added and have the suit in my name as well. I am being pushed to sign the suit and wait to be added as executor and that makes me scared. I dont see why we are in a hurry. I feel I am being run around and I dont know why since I am the beneficiary however, when I authorized brother in law to be executor, He will be the one to say who gets what when they settle the estate and malpractice suit. I just want to be added in case they have plans for my money, I would like to be asked first or atleast have say in who gets what. Should I sign the malpractice suit? Should I wait until I am listed on the suit as co executor?
Is there a reason the estate atty has held off adding me as executor? Im scared!
Again, I am the only beneficiary as we had no children BUT when you appoint an executor, they have the power to distribute assets to whom ever they want. I am really scared!
I really need an answer fast as Im being pressured to sign the malpractice suit from the estate atty and executor. PS I am listed on the malpractice suit as wife suffering from the experience of "seeing" my husband die and seeing the negligent care he recieved which normally gets thrown out of court, meaning I am not on the main part of the lawsuit.
Please help me !!!!!!!What is the name of your state?
Click to expand...
Hire your own attorney. This will make things less stressful for you, sorry for your loss.
 
M

momm2500

Member
if you are filing a malpractice suit, just watch your statue of limitations which is 2 years. that means you have up to 2 yrs to file a suit from the discovery date of evidence.
 
L

las365

Senior Member
As long as it is your husband's estate that is named on the lawsuit, your name does not necessarily need to be added on the lawsuit, since any checks going to the estate will be signed by your executor and YOU will still be getting most of the money.
Click to expand...
That is not the case for her claims as an individual. What OP described in regard to her being named as a Plaintiff is a "bystander" claim, and she probably also has an individual claim for loss of consortium and perhaps others. She has to sue for those claims herself, and she and only she will have the authority to authorize settlement of her own individual claims.

The claims that would have belonged to her husband if he had lived belong to his Estate; her claims are hers. It is logical, appropriate and efficient for the claims of the Estate and her claims to be filed in the same lawsuit. It saves money and makes it easier to work on the case.

If the case settles or is won in court and there is a recovery, the portion that is hers for her claims does not pass through the Estate, it goes directly to her.

Go find your own attorney and ask HIM to be executor so you can then be kept informed as you wish about how things are going with the estate.
Click to expand...
I don't think this is a good idea. Why pay someone to be executor when she and the BIL are both available? At this point, unless I missed something, there is no indication that anything wrong has happened.

Certainly the malpractice attorney should be able to help the estate attorney see why delaying this process is not in anyone's best interest and may well cause you to consider your own malpractice suit against the estate attorney.
Click to expand...
The malpractice attorney can't and won't get involved in any dispute over the management of the Estate or the division of the recovery. S/he is representing both Plaintiffs (the Estate and OP) and to do so would be a conflict of interest.

OP, you should meet with the malractice attorney and the probate attorney. Make appointments with each of them. Write down all of your questions for each in advance and take notes during your conversations. If you don't understand what they are saying, ask them to explain it again until you do. If you are still worried and don't understand what is happening after that, consult with an attorney who can represent only you and your interests in this process.

Probate and lawsuits can be confusing. They are unfamiliar to most of us, and since you are in shock and grief over your husband's death, it is even more difficult to absorb the information and understand it. Frankly, it sounds to me as if things are probably being handled appropriately, but it is always okay for you to ask questions and you have the right to explanations.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top