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a real mess

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amberwave

Member
:eek: :confused: from Ks.

My grandmother passed Dec./00 . Grandmas will was probated in Jan. 01 my mom was appointed her executor, mother died about 3 weeks form it closeing, all heirs had signed wavier's for the accounting to my grandmas estate as my mom was to get all monies in bank 250k and her section of land ...1/2 sec. Mom used the same atty. as grandma did ..here lies the problem...since then my grandmas estate still hasn't closed...its been 3 mo.'s since mom passed...the atty . still has not appointed my aunt executor of grandmas estate, I was appointed as executor of mom's estate ...{only becuase my father tried to be appointed not knowing mom had made a will } as per her will . Now there is no executor for grandmas estate , checks are not being deposited from oil, crops, etc. the atty. has them at his ofc. Mother has left in her will that all her land and monies from grandmas estate are to go to her children and grandchildren, and my dad is to get all there stuff, we only inherit grandmas that was left to my mother, something just dont seem right about this atty. not going on with nameing my aunt executor, when I was swore in , the atty. said he was going to drag on mom's estate to see if dad is hideing any monies...as he{my father} is going to still get a share of mom's from grandma. We have land that needs to be transfered into ours names , crops that need to be sold , and stuff is pileing up...why is the atty. draging his feet...and I might add...this estate is getting up to that amount ...675k to where we will have to pay more money if he dont get on the stick...he was very in touch with us till about 3 weeks after mom passed...he told my aunt he get "right on " haveing her appointed...he has done nothing!! What in the world can we do to get him on the stick...we also have oil checks that need to be deposited and now I have mail that someone needs to sign papers regarding any changes in the Multi peril Crop ins. I am about to loose my mind trying to keep up with all this ....please help someone :confused:
 


A

advisor10

Guest
SEPT. 24 , 2001 (Monday)

DEAR AMBERWAVE:

So sorry about the somewhat difficult situation you all are in.

JUST BECAUSE YOUR MOTHER USED THIS ATTORNEY DOESN'T MEAN HE HAS TO BE USED NOW! If he is not cooperating, you should consider hiring another probate attorney to do the job.

Your aunt or you can go down to the county courthouse on your own to file papers to be executor, if necessary--you don't have to wait for the attorney to do it! But first you should get the opinion of another probate attorney to see if this would be the wise thing to do.

Go to the courthouse to look at your grandmother's will to see if it names an alternate executor to serve in case your mother couldn't do it. Also check the file to see if the attorney (who is holding the checks) ever filed papers to become official executor.

If the attorney who has the checks has not been named official executor, then he possibly has no real authority to be receiving these checks (or his authority may have expired if your mother hired him), but don't tell him that he is fired as executor until the new executor is already been put in place and has received official papers. You still may have to pay the attorney his fee for work he has done for this estate, but at least the new executor will have the power of control. Or, maybe the attorney will get off his keister and start being more responsible if you threaten to fire him or replace him. It might be possible he is stalling so he can claim more billable hours to increase his fee (do you all have a fee agreement with him)? I'll have to do some checking--it is just possible that Texas executors might get a certain percentage of the estate instead of charging by the hour.

SINCERELY,

[email protected]
 
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