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February224

Junior Member
My mother died in April 2008. At the time, I was 18 years old and finishing up my senior year of high school. Parents were divorced when I was one, she was single, etc.

In her will, she originally stated that I would receive the estate when I was 25, but until then, her cousin would be executor of the will. In order to prevent any family feuds or the like, the cousin gave up his rights as executor and I chose a bank as the executor, thinking this would be a smart decision. Later, the lawyer I had hired left me and went to work against me with the estate.

In 2009, I was 'kicked' or evicted from my family home. I was given 24 hours notice to pack any of my belongings (under supervision), given my car and was told to leave. I was NOT allowed to have any of my family heirlooms or belongings. They would not even allow me to take my mother's Christmas stocking from the house. (Note: Had left the home for 3 days to attend a family emergency and had several animals in the house. Neighbor agreed to watch the animals and was given a key but did NOT take care of them as agreed. Later she told the estate that no such agreement was true and that I had lied about the whole thing. They believed her and in return, the house was trashed due to the pets.)

They later told me that I could have the items, but would have to come pack them up at my expense and on their schedule. At this point, I had no income and was living out of state because of them. I declined to come get the items.

Later, over $10K worth the items were stolen from the house because the estate had failed to remove the items as they said they would. The house was also vacant during this time and without homeowner's insurance because they had not taken the responsibility to rent/sell the house. A few months later, the house flooded.

They now pay me $1200 a month out of a separate trust (not part of mother's estate), they pay my car/health insurance and rent. I've been advised to contact a lawyer by friends and family, but I'm terrified of them because I am scared they will make things worse for me. I now have a family and I just want her to be taken care of.

Sorry for the novel, but I am just looking for a little bit of advice. My family (husband, daughter and I) have struggled tremendously when we didn't feel like we had to. I just want to be done with this bank.
 


February224

Junior Member
I felt like I had no one on my side or anyone to talk to. The will states that the executor can do anything they wish with any assets which includes property. I felt like they could whatever they wanted.


I should also add that they have no invested the money nor done anything useful with it. Every statement I receive, I see charges for utilities in a house that has no tenants, yard work, etc. There are 'expenses' that shouldn't be there.
 

curb1

Senior Member
1) Who is "the estate" that you referred?

2) Who " 'kicked' or evicted from my (your) family home"?

3) Are you suggesting that the bank is doing all of this?

4) Are there other people who were beneficiaries besides you?

5) Why did you move out of state?

6) Why are you terrified of a bank?

7) How old are you now?

8) Are you a responsible adult?
 

February224

Junior Member
1) Who is "the estate" that you referred?

2) Who " 'kicked' or evicted from my (your) family home"?

3) Are you suggesting that the bank is doing all of this?

4) Are there other people who were beneficiaries besides you?

5) Why did you move out of state?

6) Why are you terrified of a bank?

7) How old are you now?

8) Are you a responsible adult?

I would rather not include names. Yes, I am suggesting that the bank is doing this. I named the VP of the Trust department at the bank as executor of my mother's will. I am the only beneficiary. I moved out of state because at the time, the only place I could stay was out of state. I am now 22 years old. Yes, I would like to think so. Like I said, I have a family now and have hardly any dealings with the estate. If you're asking me if I party or act ridiculous, the answer is no. I have no criminal/Federal record and have never been in any trouble with the law.
 

curb1

Senior Member
When you talk with the executor at the bank, what is the main cause of friction? There must be more to the story. He wouldn't act "evil" for no reason. How much is he/the bank being paid to handle this account?
 

February224

Junior Member
Friction was caused as soon as I moved home (where I was evicted from) from college . They are being paid $25K per year. They charge a certain percentage per year in regards to the amount of the estate.
 

curb1

Senior Member
You said, "They are being paid $25K per year".

What is the value of the assets? That is a huge fee unless you are talking about several hundred thousands of dollars, or perhaps millions. What kind of assets are these?
 

February224

Junior Member
The estate itself is worth $1.75 million. The assets include several commercial and residential properties and oil royalties. .
 

curb1

Senior Member
OK, you should have hired an attorney a long time ago.

Another question. You said, " Later, the lawyer I had hired left me and went to work against me with the estate".

That is quite unusual and unethical. How did this happen and why did this happen?

What are the provisions in the will for you to receive money?
 

February224

Junior Member
There was supposed to be a no-completion clause (I believe that's the name of the document) between my lawyer and I, but he left me before it was completed. I had asked for a document that would ensure that he would represent me should I go to court with someone else.


The Will states: "The Trustee shall pay to or apply for the benefit of _________ (my name), in monthly or in other convenient installments but in no event less often than annually, as much of the net income and as much of the principal of the trust estate as the Trustee deems necessary for the proper care, support, and education of my child."
 

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