Executor & Trust Fund Troubles

[afmom1]

What is the name of your state?What is the name of your state?What is the name of your state?WV
This is a two part question. (This estate was just settled last week by a judge) Can a person sue the executor of an estate? This person knew they were going to be executor for a long time. My aunt, who died 4 years ago, had only visited the lawyer one time and relied on this person to take the changes she wanted made to the lawyer after that. Her health and mental status began faltering the last year of her life and ANYONE could see the difference. He (the executor, who was just a friend) would stop by the house and pay bills at least once or twice a month so it's not like he didn't see her health failing but he didn't see that her will was finished. She had an old will which she had marked up with changes but the judge would not allow any of the markings to be entered as codicils. Can he be sued for neglecting to see that her will was finished?
Secondly, my aunt's estate (what she didn't leave to others) went into a trust fund. I was to get her house (which she noted on the old will) for a very low amount but since the new will wasn't signed the trust made an agreement with me to let me have the house "per her intent". I have this in writing and have been planning on this for 2 1/2 years. Last week the judge ruled that they couldn't give me the house on "her intent" and they knew this but they were afraid he would give me the house without me paying anything for it because of the writing on the will. Can I sue the trust for jerking me around for 2 1/2 years and leading me to believe that I had the house?

 

[seniorjudge]

What is the name of your state?What is the name of your state?What is the name of your state?WV
This is a two part question. (This estate was just settled last week by a judge) Can a person sue the executor of an estate? This person knew they were going to be executor for a long time. My aunt, who died 4 years ago, had only visited the lawyer one time and relied on this person to take the changes she wanted made to the lawyer after that. Her health and mental status began faltering the last year of her life and ANYONE could see the difference. He (the executor, who was just a friend) would stop by the house and pay bills at least once or twice a month so it's not like he didn't see her health failing but he didn't see that her will was finished. She had an old will which she had marked up with changes but the judge would not allow any of the markings to be entered as codicils. Can he be sued for neglecting to see that her will was finished?
Secondly, my aunt's estate (what she didn't leave to others) went into a trust fund. I was to get her house (which she noted on the old will) for a very low amount but since the new will wasn't signed the trust made an agreement with me to let me have the house "per her intent". I have this in writing and have been planning on this for 2 1/2 years. Last week the judge ruled that they couldn't give me the house on "her intent" and they knew this but they were afraid he would give me the house without me paying anything for it because of the writing on the will. Can I sue the trust for jerking me around for 2 1/2 years and leading me to believe that I had the house?

I am a little confused by your post.

First question, what did the executor do that makes you want to sue him? I.e., what did the executor do to cause YOU damage?

Second question, what damages did you suffer?

 

[afmom1]

First, the executor in not seeing her will was finished caused me to lose the house and her heirs to lose her personal belongings. She had depended on him to do this because she was unable to get to the lawyer to do it herself! He intentionally didn't do it because he didn't want me to have the house.
Secondly, I have planned for 2 1/2 years on getting this house because the Trust told me it was mine. I have planned and bought for this house and had a buyer for my house. Do you have any idea the mental anquish a person suffers from going thru this?
Lastly, we did hire a lawyer when this all started and our lawyer and the lawyer for the Trust did make the agreement on the house and told us we could have her personal belongings.

 

[seniorjudge]

First, the executor in not seeing her will was finished caused me to lose the house and her heirs to lose her personal belongings. She had depended on him to do this because she was unable to get to the lawyer to do it herself! He intentionally didn't do it because he didn't want me to have the house.

You can't sue a person because he didn't talk another person into willing you something. It was up to auntie to do her will the way she wanted.


Secondly, I have planned for 2 1/2 years on getting this house because the Trust told me it was mine. I have planned and bought for this house and had a buyer for my house. Do you have any idea the mental anquish a person suffers from going thru this?

This is not compensable; that's just life.

 

[Dandy Don]

You would only have a cause for action if there was something IN WRITING that instructed this friend to take the changes to the attorney and get a new will drafted.

Did this friend also have power of attorney and would the attorney who drafted the will testify that he (the attorney) was anticipating/expecting this friend to report the changes that aunt made, or would he testify that aunt instructed him (attorney) to expect that an update would be made?

 

[afmom1]

Dandy Don, Sorry I started this confusing matter. It is complicated. My aunt did will me the house in a new will she had drafted but did not sign because I disagreed with the wording. This was in 1999. (She passed away in 2001) The executor (friend) was her power of attorney and was making the changes for her, this was a known fact. Her lawyer that drew up the will testified that she had made changes to the will through this friend. My aunt had written on the original will about the house, and other changes she had made in the new unsigned will, but the judge refused to accept the holigraphic writings as a codicil.
My aunt had expected the will to be finished in 2000 because she told me it was almost ready to sign. She had back surgery in 2000 and went down hill from there till her death in Jan. 2001. The decline in health was very noticable and that's why I feel the executor failed to do his job. Actually her new will should have been signed before she had back surgery due to her age but definitely afterwards since her health failed. I feel he is responsible for this mess.
I am over the loss of the house, it is gone. But the fact remains that the Trust (who got the house) had a written agreement to let me have the house as my Aunt had wanted but when the judge threw out the writing on the will, they are no longer obligated to fullfill the written agreement and I am not compensated for the 2 1/2 years of thinking I had a house.
I'm not being stupid so don't treat me as a moron please. I just am trying to sort this out. I loved my Aunt and I was her care giver for the last 11 months. But the executor is walking away smelling like a Rose!
Thanks for listening. You don't even have to answer.

 

[Dandy Don]

Sorry that the judge didn't see fit to approve the codicils, but he was right to be wary. If she had initialed each codicil it would have helped her cause.

I assume from what you are saying that a newer revised will was actually typed up so I'm wondering what prevented the attorney or the executor from bringing it to her. Perhaps the executor didn't want her to sign it for whatever reason. If you can get access to the revised will then it will be great for your side.

Take it to a probate attorney that has experience in contesting wills and have him/her evaluate it to see how strong of a case you have. I think you have a winner!

DANDY DON IN OKLAHOMA ([email protected])