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north
Guest
In Texas, what is a fair compensation for the executor of a will?
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Roseann Harms
Guest
contesting a last will and testament
I'm from IL and my mother died 3 weeks ago leaving five adult children behind. While my mother was in the hospital, my two sisters had her sign a new will, and putting her house in trust and making one of them an executor of the estate. My mother had made up a different will about six years ago which included all five of the siblings. In that will my mother left the least amount (10%) to the now executor and co-benificiary of the trust. My mothers house (which is payed for)is in both of their names because they found out that my mother charged over $25,000 on credit cards within the last year and a lawyer told them to put it in trust in order to avoid paying the debt. The house in trust is separate from the will, so both of my sisters are planning to sell it and split the money 50-50. The contents in the house are to pay for funeral expenses, and any other expenses incurred. The rest is to be divided equally. After the executor is payed along with any other expenses, there will be nothing left. Is there anything the remaining three of us can do to be included in the profits upon selling the house? Thank you.
I'm from IL and my mother died 3 weeks ago leaving five adult children behind. While my mother was in the hospital, my two sisters had her sign a new will, and putting her house in trust and making one of them an executor of the estate. My mother had made up a different will about six years ago which included all five of the siblings. In that will my mother left the least amount (10%) to the now executor and co-benificiary of the trust. My mothers house (which is payed for)is in both of their names because they found out that my mother charged over $25,000 on credit cards within the last year and a lawyer told them to put it in trust in order to avoid paying the debt. The house in trust is separate from the will, so both of my sisters are planning to sell it and split the money 50-50. The contents in the house are to pay for funeral expenses, and any other expenses incurred. The rest is to be divided equally. After the executor is payed along with any other expenses, there will be nothing left. Is there anything the remaining three of us can do to be included in the profits upon selling the house? Thank you.
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advisor10
Guest
2-13-2002
DEAR ROSEANN:
So sorry that sneaky, greedy relatives make things difficult for others.
Normally, it is a requirement that a person's will be filed within 30 days of the person's death. If you have not already seen the new will, then check at the county courthouse probate court to see if the will has been filed there, yet. If it has been, you can get a copy of it.
You really do need to examine the new will to find out what it says before you make any decisions about contesting it, and if possible, try to get some idea of what your mother's entire estate is worth. It is a legal requirement that all children MUST BE MENTIONED in the will, so if you and some of the other sibling's names were left out of it, then you have a stronger case for contesting it. If you are going to interview with a few probate attorneys to ask them to consider taking your case, you will need to take the old will and the newer one for purposes of comparison.
Hopefully in the newer will your name is not just mentioned only, but mentioned as receiving something from the estate (money or property). I don't think you need to be concerned so much about getting access to the house, since it is the executor's responsibility to sell the personal property (if that is what the will instructs her to do) and if you wanted to retrieve some items for yourself for sentimental reasons or whatever, you will have to come to some type of agreement/arrangement with the executor for that.
Send me an e-mail message to the address shown below, and I can give you a confidential tip about your situation.
What exactly did your sister mean by saying she will only let you see the will through "legal means"--does that mean she won't let you see a copy of it now and wants to wait until the probate proceedings start in court? You have the right as a potential heir and family member to receive a copy now.
Good luck!
SINCERELY,
advisor (e-mail: [email protected])
DEAR ROSEANN:
So sorry that sneaky, greedy relatives make things difficult for others.
Normally, it is a requirement that a person's will be filed within 30 days of the person's death. If you have not already seen the new will, then check at the county courthouse probate court to see if the will has been filed there, yet. If it has been, you can get a copy of it.
You really do need to examine the new will to find out what it says before you make any decisions about contesting it, and if possible, try to get some idea of what your mother's entire estate is worth. It is a legal requirement that all children MUST BE MENTIONED in the will, so if you and some of the other sibling's names were left out of it, then you have a stronger case for contesting it. If you are going to interview with a few probate attorneys to ask them to consider taking your case, you will need to take the old will and the newer one for purposes of comparison.
Hopefully in the newer will your name is not just mentioned only, but mentioned as receiving something from the estate (money or property). I don't think you need to be concerned so much about getting access to the house, since it is the executor's responsibility to sell the personal property (if that is what the will instructs her to do) and if you wanted to retrieve some items for yourself for sentimental reasons or whatever, you will have to come to some type of agreement/arrangement with the executor for that.
Send me an e-mail message to the address shown below, and I can give you a confidential tip about your situation.
What exactly did your sister mean by saying she will only let you see the will through "legal means"--does that mean she won't let you see a copy of it now and wants to wait until the probate proceedings start in court? You have the right as a potential heir and family member to receive a copy now.
Good luck!
SINCERELY,
advisor (e-mail: [email protected])
A
advisor10
Guest
2-13-2002
DEAR NORTH:
Executors fee in Texas is 5%. That 5% applies to any incoming cash (assets claimed) and outgoing cash (perhaps checks issued to heirs?). To get an exact meaning of that definition, you may want to consult a probate attorney in your area.
(Note: Roseann posted a reply to your question by mistake, when what she should have done was to register and log-in to get her own password and then her question would have been posted separately, but no harm done now, since both of your questions have been answered.)
SINCERELY,
advisor
DEAR NORTH:
Executors fee in Texas is 5%. That 5% applies to any incoming cash (assets claimed) and outgoing cash (perhaps checks issued to heirs?). To get an exact meaning of that definition, you may want to consult a probate attorney in your area.
(Note: Roseann posted a reply to your question by mistake, when what she should have done was to register and log-in to get her own password and then her question would have been posted separately, but no harm done now, since both of your questions have been answered.)
SINCERELY,
advisor
Roseann,
I am a probate attorney in the Chicagoland area. Among other issues, from what you describe you may have a case against your two sisters for exerting undue influence. You said that "they had her sign a new will in the hospital", which makes it sound like it was your sister's choice, not your mother's. Undue influence is grounds for setting aside a will or trust.
Feel free to give me a call to discuss the situation. Contact info can be found at my website at www.illinoisestateplan.com
I am a probate attorney in the Chicagoland area. Among other issues, from what you describe you may have a case against your two sisters for exerting undue influence. You said that "they had her sign a new will in the hospital", which makes it sound like it was your sister's choice, not your mother's. Undue influence is grounds for setting aside a will or trust.
Feel free to give me a call to discuss the situation. Contact info can be found at my website at www.illinoisestateplan.com
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