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Opening prbate to force an accounting of estate assets

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Feniera

Member
What is the name of your state (only U.S. law)? ohio

Is filing a complaint and opening probate proceedings a good idea when a successor trustee refuses to provide an accounting of trust and non trust titled assets? I have a sibling who refuses to turn over property appraisals and bank account information needed to settle my fathers estate ( and close the trust) The will was not filed yet.What is the name of your state (only U.S. law)?
 


Dandy Don

Senior Member
Talk to an attorney before you proceed. Trust matters and estate matters are 2 separate proceedings, probate matters handled in court and trust matters outside of it as much as possible. Check with Ohio law to find out whether, if you are beneficiary, you are entitled to request a copy of the trust AND accounting statements by sending (or having your attorney send) a certified letter to the trustee requesting such--some states allow this and others do not.

DANDY DON IN OKLAHOMA ([email protected])
 

Feniera

Member
Dandy Don:

I do have an atttorney involved & we are discussing our options. Attorney feels the most expedient route to go is to file a complaint in probate for starters (for an accounting of the estate assets and the trust assets) , and later to file a civil complaint if the uncooperative sibling refuses to provide an accounting and an inventory. FWIW - some assets ( two homes) were titled in the trust, while other ( bank accounts, insurance policies) were not. Other sibling is the excetutor and Succesro trustee and refuses to turn this information over to settle the estate. He took title to one of the houses and as a result of that, and keeping all the property inside, probably owes me money, but he refuses to turn the information over. Seems like the only way to get it to to force it through the courts now. It gets even better becuase the sibling never filed the will so I'm under the impression the "pour over" provisions are not even in effect.
 

Feniera

Member
BTW: most of the problem now is result of the sibling ( successor trustee) refusing to turn over the appraisal for the property he noe lives in, or an inventory of all the personal property in the house (which he & his wife have kept).
 

Kiawah

Senior Member
I am continually amazed as I read these forums, at the actions that some members of families reportedly do. It would be interesting to hear 'the other side' of what is really happening, after all of the fact finding is complete.
 

Feniera

Member
Not sure what you are implying by yout post Kiahwah.

The "other side" has taken title to the most expensive house, has changed the locks and retained all the furniture inside as well as my mothers platinum & diamind wedding band, and now refuses submit the appraisal for that particular house as well as an inventory of the property inside of it because he says it's now all his. He is also the executor/ Successor trustee, not me, but fortunately, I'm the one in the financial position to force an accounting of all my parents belongings. Trust was to be split 50/50 and I can assure you this has not happened. I am by far the more financially well off of the two beneficiaries, and not need the proceeds or the real estate, the problem is that the other sibling refuse to provide the information to settle, period.

It's not as though I'm loving having to emplyee an attorney to take care of this, but it's becoming apparent that there is a lot of tangible personal property and some money that my brother will not account for. Simple as that.
 

Dandy Don

Senior Member
What kind of personal property are we talking about here? What are some examples of items and what are they worth? Unless they are of significant value you may be fighting a useless battle with not much benefit. Without a previous inventory of what was in the home there is no way to prove what was there before or after.

As far as the appraisal goes, you can get an expert to get your own appraisal.
 

Kiawah

Senior Member
My comment was just indicating that I am amazed at what some family members appear to be doing. I've handled two estates now in our family starting early in the financial cycle as POA, and have had a totally open and fair accounting of everything. All siblings get a CD each year of every piece of documentation, everything gets scanned and categorized, and have done so for years. As far as I'm concerned there is nothing as part of any estate, that is worth breaking up a family or it's relationships over.

I read these forums, and I find some of the actions incredible that someone would do some of the things alleged. In some cases, I suspect some of the concerns being portrayed would go away with better communications between the executor and all involved. Other times (which may be your situation), I wonder what really motivates these people to do what they appear to be alleged doing (at the cost of everything else). Hence the comment, to understand the other side of the story.

I suspect a lawyer in this field sees the best and the worst of people, all motivated by the possibility of a quick un-earned buck.
 
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momm2500

Member
Feniera-best of luck. going through similar situation with my brother. He took everything, wife forged mom's signature on the will and life insurance policy, no accounting (mom died 2 yrs ago)....now we are to the point of having filed a contempt of court for not submitting the accounting as previously order by the court to do so. plus having sibling thrown out as executor. That might be your better bet, ask to be executrix/executor of the estate.
 

Feniera

Member
Momm2500. I'm not sure petiitoning to have him removed as executor is worth it at this point - one piece of property went to him and the other one went to me ( because it did not sell, but now I am a Landlord). What is at issue here is a bank account ( already nearly empty, no suprise there), and platinum wedding ring appraised at $8K ( with sentimental value), and the furniture - all of which he has kept, and some coins worth no more than a couple thousand. I fully intend to get a judgment against him and place a creditors lien against his house if he doesn't square up. I'll litigate him into a hole if I have to because he took advantage of me.
 

Feniera

Member
Dandy Don:

There was a written general inventory done, but it was never formally "filed" for purposes of formalizing it. It would have all become part of the trust if the will had been filed.

There were 6 rooms of some very nice furniture, most of which was in very good shape. Mothers platinum & diamond ring ( $8K) was in the house. 40 silver dollar coins, a box full of European coins. Not a multimillion dollar estate by any means.

BUT, the difference between the value of the house he kept vs the one I inherited is over $60 K, the ring is unaccounted for, and so are some funds that were in the bank so I feel it's worth litigating over.
 

BlondiePB

Senior Member
My comment was just indicating that I am amazed at what some family members appear to be doing. I've handled two estates now in our family starting early in the financial cycle as POA, and have had a totally open and fair accounting of everything. All siblings get a CD each year of every piece of documentation, everything gets scanned and categorized, and have done so for years. As far as I'm concerned there is nothing as part of any estate, that is worth breaking up a family or it's relationships over.

I read these forums, and I find some of the actions incredible that someone would do some of the things alleged. In some cases, I suspect some of the concerns being portrayed would go away with better communications between the executor and all involved. Other times (which may be your situation), I wonder what really motivates these people to do what they appear to be alleged doing (at the cost of everything else). Hence the comment, to understand the other side of the story.

I suspect a lawyer in this field sees the best and the worst of people, all motivated by the possibility of a quick un-earned buck.
There's a big difference between a fiduciary who provides full disclosure and one that does not when the fiduciary has a duty to do so. Fiduciaries who do not provide full disclosure when they have a duty to do so, typically do not because they have something to hide which is usually stealing assests.
 

Feniera

Member
OH, I'm sure my brother has helped himself to the remainder of assets, hence to accounting upon three requests from me. Enter Lawyer and probate court. I am dealing with a sibling who has a very distorted sense of entitlement.

If he would have been honest - as opposed to disingenous & greedy - this could have all been taken care of informally as part of the "trust". Now it's going to go to probate, with possible civil action taken depending on what shows up on the accounting, or the lack of it.
 

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