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executrix has not dispersed the funds equally

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R

ronny knape

Guest
My parents willed their sizeable estate to their four children equally, naming my older sister as executrix. In violation of the spendthrift clause she took $40,000 from my brother's part to 'repay' a loan between he and my mother and distributed that money to the other three. She took $10,000 from my part to 'repay' a loan to my father and distributed this to the other three. She failed to disclose a $50,000 Certificate and when confronted has claimed $37,024.72 in outflows, $672.90 in gasoline reimbursements, $2,000 in additional attorney's fees, $10,000 for Executrix's fees for a total of $51,024.72. On the proceeds from sale of the house, she has withheld from my part $12,381.45 and added $12,381.45 to her part claiming rent owed and damages to the house. I had lived with my parents with two daughters before my parents died and continued in the house for eight months afterward. Further, of the total of $48,109.75 due to each benificiary from the house, she has only disbursed $20,000 to each of us and is requiring releases from everyone before disbursing what remains and is saying she will retain these funds until all threat of litigation is eliminated.

As to legal representation, my brother and I retained a high powered and prestigious law firm and put down a $10,000 retainer. The lead lawyer composed beautifully and at great detail as to legal doctrine. Three months later, the money spent, I put up another grand. He and his associates prepared spread sheets, wrote letters, made phome calls . . . three more months and another $10,000 statement . . . I cannot see how he earned the first ten grand! Meanwhile, he stood idly by while by sister put a restraining order on me and has prevented me from reclaiming of my most cherished possessions, put the neighbors spying to call the police if I set foot on the property . . . I was shaken down, almost arrested three separate times . . . When I called pleading for him to help me retrieve my Library of rare and collectible books (this is after he and his associate composed five beautifully composed documents demanding access to get the books, he said to me, "What do you want me to do? Make her?!!!"

What should I do?
 


A

advisor10

Guest
Steps To Take

12-28-2000

File a complaint with the local bar association (look in the yellow pages or ask any librarian or attorney how to contact the bar association and they can tell you)--they may be able to force him to at least file an action against the executrix or at least negotiate for you to receive the services of a more qualified probate attorney who has a better reputation for getting results. You were certainly treated shabbily.

SINCERELY,

[email protected]
 

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