way2passionate
Junior Member
What is the name of your state (only U.S. law)? Idaho
We are at the point where we have to remove my Uncle as the Executor, he feels my brother got cheated in the will therefor, he feels sorry for him and will not even acknowledge, let alone take control his bad behavior.
The estate is a disaster and things just keep getting worse! (previous post, 09/09, property removed from the estate)
My brother has lost his mind and has some serious psychological problems right now (well documented via email communications). He is trying to control everything from afar, but is not involved with the "dirty work". He continues to remove items from the estate (when we are not around, (the neighbors call me), has decided what needs to get done in order to sell it "right away" to include putting a "for sale by owner" sign in the yard but has no idea about price or anything else because I have been dealing with everything from the beginning. He has no regard for anyone and now threatening people continuously.
Unfortunately, the alternate is my son (a 22y/o college student who spent alot of time with my Father, genius level IQ, rational, calm and would be fully capable but it's too risky and not appropriate at all in my opinion). Myself, my sister, and my son all feel that a court appointed Executor would be the best option for neutrality and they should be able to handle the erratic and volatile behavior effectively.
Another problem is the financial aspect. My Uncle has not stayed on top of that either. He made no notifications of death and my Father died 08/20/2008. Monies were deposited into the account via direct deposit after his death and were just reversed. Social Security became aware when my Mother put in a claim for survivor benefits (parents were divorced). I just found out that the checking account now has just over $300.00 in it. The estate is worth 3/4 of a million at least but there is no access to anything at this point without the Executor. Safe Deposit box has not been opened to this day.
I plan to make contact regarding the 2 Pensions because my understanding is that pensions are totally separate of the estate and the beneficiary is the person they will talk too, is that correct?
Last couple of questions:
What does this mean for the estate if we initiate this action against my Uncle?
Will they freeze everything until an appointed individual can review the issues?
Will the small note left on the house continue during that time? (I assume it would)
Could this be be outrageously expensive? Average time frames?
We just don't see any other options here, are we missing something? Any suggestions?
ThanksWhat is the name of your state (only U.S. law)?
We are at the point where we have to remove my Uncle as the Executor, he feels my brother got cheated in the will therefor, he feels sorry for him and will not even acknowledge, let alone take control his bad behavior.
The estate is a disaster and things just keep getting worse! (previous post, 09/09, property removed from the estate)
My brother has lost his mind and has some serious psychological problems right now (well documented via email communications). He is trying to control everything from afar, but is not involved with the "dirty work". He continues to remove items from the estate (when we are not around, (the neighbors call me), has decided what needs to get done in order to sell it "right away" to include putting a "for sale by owner" sign in the yard but has no idea about price or anything else because I have been dealing with everything from the beginning. He has no regard for anyone and now threatening people continuously.
Unfortunately, the alternate is my son (a 22y/o college student who spent alot of time with my Father, genius level IQ, rational, calm and would be fully capable but it's too risky and not appropriate at all in my opinion). Myself, my sister, and my son all feel that a court appointed Executor would be the best option for neutrality and they should be able to handle the erratic and volatile behavior effectively.
Another problem is the financial aspect. My Uncle has not stayed on top of that either. He made no notifications of death and my Father died 08/20/2008. Monies were deposited into the account via direct deposit after his death and were just reversed. Social Security became aware when my Mother put in a claim for survivor benefits (parents were divorced). I just found out that the checking account now has just over $300.00 in it. The estate is worth 3/4 of a million at least but there is no access to anything at this point without the Executor. Safe Deposit box has not been opened to this day.
I plan to make contact regarding the 2 Pensions because my understanding is that pensions are totally separate of the estate and the beneficiary is the person they will talk too, is that correct?
Last couple of questions:
What does this mean for the estate if we initiate this action against my Uncle?
Will they freeze everything until an appointed individual can review the issues?
Will the small note left on the house continue during that time? (I assume it would)
Could this be be outrageously expensive? Average time frames?
We just don't see any other options here, are we missing something? Any suggestions?
ThanksWhat is the name of your state (only U.S. law)?