Beneficiary approval to pay claim against estate??

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

Hello back again guys

Diff question tho. I finally received from the estate lawyer what was told to me to be "estate finalization" papers, which in reality turned out to be a document asking MY approval to pay 3k to the realtor who sold my mom's house back in 2007. The proceeds from the house sale were put into my trust.

It has been three years. The executor has been paying estate claims and has never needed my approval before, why should this claim be any different? And also, don't real estate agents receive their commissions at closing (usually from the buyer or title co?). OK, even if it DID have to come from the estate, why was that not given to him and THEN the remaining amount was put into the trust?

It is just striking me as odd that suddenly they need my approval to pay a claim, when it is the executor's job to do so, and they have never needed nor asked my approval to pay any other estate claims (I am sole beneficiary). Is this normal? I know it may be hard for you to answer this without seeing a copy of the real estate selling contract (which I have been unable to acquire so far), but again, this doesn't seem normal to me? Why do they suddenly need my john han**** to pay a bill when they never have before??

Call the realtor and the title company. This does seem strange. Who is the executor? Who is the trustee for the trust?

The executor and the trustee are the same guy


Thank you, I KNEW this seemed fishy!!!!
I guess I need to see a copy of the contract concerning the sale of the house. I just wanted confirmation that this was wierd, executor pays the estate claims, why does this need my approval?

I think it's because the realtor who sold the house and my executor/trustee are friends, and I fear they are trying to pull a fast one on me, but I hope this is not so**************..... (it would be paid out of the trust of course, but that's MY money!)

What kind of a trust? When do you receive the assets in the trust? Is the executor/trustee a family member, or an employee of an institution?

Well the doc says it's a "testamentary trust"**************..all it is is this bank account where the house proceeds are being held.

The executor/trustee is a VP at Morgan Keegan (stockbrocking company). The account is being held at Regions Bank (a Morgan Keegan subsidiary, but its just in a savings account, not in stocks). I have the bank statement.

I am to receive the trust when I am 35. I am now 28. I am not trying to receive anything from the trust, I just want to settle the estate - close it out once and for all. However, I find this "finalization doc" I was sent by the estate lawyer just to be a claim for payment to the realtor who sold the house.

Executors pay the bills. He has never needed my approval in the past. I do not understand why this needs my approval first of all**************..and I do not understand why the realtor didnt receive his commission at the time of sale in 2007. I fear he is trying to get double paid somehow. Why would a beneficiary be asked to approve a payment against the estate? Is this EVER normal or required in any situation? Isn't that what the executor's function is - to pay the bills???

The executor/trustee is NOT a family member.

Basically, my mom was the hired help (nanny) for his and his wife's children. She worked for them for several years. I think she thought of them as friends (obviously) but I just saw them as her employers. I cannot believe she left my future in this guy's hands. He and I do not have any kind of relationship at all. I mean I have spoken with him on the phone, but he hasn't seen me since my mom's funeral in 2007, we do not keep in touch regularly, and honestly, I have no reason to trust him. Conversely, I guess I have no reason to NOT trust him, but since I am an only chilld and both my parents are dead, I have no one to look out for my interests but myself, and this document seems wierd to me and I just want to make sure he's not trying to play me.

The executor/trustee is a VP at Morgan Keegan (stockbrocking company). The account is being held at Regions Bank (a Morgan Keegan subsidiary...

Click to expand...

Now, I understand why you want to get your hands on the money!

Anyway... They are requesting your approval. You are in the driver's seat. Ask the attorney and/or executor as many questions as it takes to satisfy yourself that you understand what it going on.

(A testamentary trust simply means that the trust is being created by direction of the last will and testament.)

Lol yeah! I actually had a brokerage account myself at Morgan Keegan, I need to see if I can get in on that class action lawsuit right??

I just don't understand why they need me to approve THIS bill, when he has been paying bills on his own this entire time?

What's special about this one??

And why didnt the realtor get his commission at time of sale??

I don't understand why I'm being asked to pay THIS bill and haven't been asked to pay any others.

And I am VERY hesitant to sign the document I was sent, because it says in doing so that I waive my right to any hearing regarding the matter!

I JUST figured something out! (thats what I get for angrily speed reading lol)

I guess I need to approve this, because in the document it says that:

"Richard Flowers (real estate agent) submitted a claim against the estate for $3k**************....he claimed he incurred same in connection with the sale of my mother's home (this is his commission, not some expense he incurred, i know what it is he wants here lol). I UNDERSTANT THAT THIS 3K FEE WAS NOT INCLUDED IN THE REAL ESTATE CONTRACT FOR SALE APPROVED BY THIS COURT. I UNDERSTAND THAT THE COURT INITIALLY DENIED RICHARD FLOWERS CLAIMS ON THE BASIS THAT THE AFOREMENTIONED AMOUNT WAS NOT INCLUDED IN THE REAL ESTATE CONTRACT FOR SALE APPROVED BY THIS COURT"

So by signing this doc, I am agreeing that this is VALID and its ok to pay him.

Well what if I don't wanna pay him? Can he sue the estate? Or is he SOL? What happens then? Why would he NOT put his commission in the real estate contract?? Sorry if I'm sounding heartless, but why should I pay for this? I'm hurting here, my trustee won't release any money to me even though I'm about to lose my home, yet I'm being asked for my approval to pay 3K to some real estate agent, when my trustee wont even help me (he has discretion to, he just can't make a complete distribution to me until I'm 35). I'm sorry, but WHAT NERVE!!

Anteater is correct. The executor should be able to explain this to your satisfaction. The real estate commission should have been resolved at the time of sale.

I agree**************.....I need to see a copy of the settlement sheet, the actual sale contract, etc. I simply cannot believe that a real estate agent would work for FREE and not include any commission in his sale contract......then decide later that he wants it. It's really not my problem. I want to see the settlement sheet to make sure that he wasn't ALREADY paid a commission, omg I will be so happy if I can catch him trying to get paid twice

No way I'm approving something the court itself denied. Don't know who these guys think they're talkin' to

If you don't think things are correct, don't sign and get an attorney. If you do, sign and move on with your life.

There is nothing inherently wrong with what happened. However, the specific facts matter. If you are concerned, see an attorney who will review everything. If not, move on.