Home     Law Advice     Insurance Advice     Community    
Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
Go Back   FreeAdvice Legal Forum > WILLS & TRUSTS > Wills, Trusts and Estate Planning

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-24-2002, 11:28 AM
bluejay10
Guest
 
Posts: n/a

Final Accountin


Will States I am one of two beneficiaries, here in Pennsylvania. Never received First and Final accounting even after numerouse requests that the executrix submit one to me. It has been 2 yrs and 4mo. since mother passed away. House was sold in 2000. This was a very small estate. I filed an order thru the courts to have a hearing scheduled for me to receive this accounting. Less than 24hrs from scheduled time I received a phone call that court had been cancelled per request by the executrix and her attorney under the condition that they would submit to me a Formal First and final accounting by a certain date. Well all I received was a Proposed Distribution. Is this going against the agreement of counsel that one should be filed on or before a certain date?
In this proposal it had listed that I received a check for reimbursement, but I had not received this check and it was dated on the sheet a month ago. Also, executrix had signed a waver not to accept commission on this estate and inheritance tax was paid according to that and her attorney fees were shown. Now she lists she is taking commission and their are extra attorney fees showing listed. Can she get away with this when signing the waver in 2000 and now 2002 she is taking this commission? There are alot of funeral expenses she is asking for reimbursement back that she had paid out of moms checking account, and reimbursement for utilities she paid out of that account also. Although alot of reimbursements showing do no show what they are for.
She had till the 15th of this month to answer to this and I haven't heard a word. Please explain my rights in this matter as a daughter and listed beneficiary on the will. Last date showing was Feb 2001 in paying out anything. Money is setting in a non interest account. HELP
  #2  
Old 02-25-2002, 01:04 PM
advisor10
Guest
 
Posts: n/a
2-25-2002

DEAR BLUEJAY:

Do you have an attorney to represent you? If you don't, then you need to get one. I somehow get the impression that you are attending these hearings by yourself, and you really do need professional advice. Get a hearing rescheduled so that these matters can be addressed. Let's hope that the judge is not showing favoritism to the executrix or her attorney by letting them get off so easily.

It shouldn't have been so easy to get this probate hearing dismissed, and it is only a stalling tactic. Eventually, these executrix will have to face the music and explain in the presence of the probate judge her incompetence in providing the required information.

All the topics you mention (her signing the waiver not to accept the commission, and then reneging, and the incorrectness of giving you a proposed distribution when that was NOT what you had requested) are important enough that an attorney needs to argue in your behalf.

Send me an e-mail message to the address shown below so I can pass on to you a confidential tip about your situation. Don't give up, and make this executrix provide the information she is supposed to provide--I get the feeling she is trying to hide something or not be totally honest about how she has handled this estate.

SINCERELY,

advisor (e-mail: [email]keith345@hotmail.com[/email])
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:31 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.