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Getting an accounting from lawyer and other ?'s

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hlavine

Junior Member
What is the name of your state (only U.S. law)? I live in Texas, Probate was in Vermont

The first thing I need to do is get all of the probate papers from the Washington County courthouse in Vermont. Are these public records? Can I just call and have them shipped to me for a fee?

The second question that I have (and really more important then the first) is this: Well story first :)

My family has had the same lawyer for almost 35 years. When my grandfather died back in the 80's he handled the estate, when my father died back in the late 90's he handled the estate and when my grandmother died a five years ago, he handled the estate. I don't know anything about my grandfathers estate as I was just a baby. But when my dad died, it was a huge ordeal and my siblings and I really got screwed by my uncle (dads brother) who the lawyer (executor) allowed to go in the house and sell/take what he wanted first, even though he wasn't in the will AT ALL. All of us were pretty young at the time so we didn't fight it or question it. However, when my grandmother died, I was a bit older and wiser and started listening to what was going on.

My grandmother left her house to her 3 children. My uncle, my aunt and my father. Sense my father had already passed away his portion went to his children. There are 4 of us. My uncle moved into the house and started remodeling it, taking a mortgage on the house to do so. He paid my aunts portion to her and we were told we would get our portion within a year. This was five years ago and as of today, we still haven't received a dime. None of us ever signed anything about this house or really anything on my grandmothers estate yet. So we own a portion of it, how do we go about getting our money for it?

My grandmother also left us each $6000 to be given to us on our 30th birthdays. My older sister turned 30 last year and got EXACTLY $6000. It took her 3 months to get the money. The lawyer wouldn't return any phone calls. It finally took a certified letter and one week later she had hers...without any interest. I want to get an accounting of mine. I turn 30 in 2 years and I want to get an accounting of mine. I want to know what institution is holding my money, how its invested, how much interest its accruing, etc. Am I entitled to this information? Would a letter to the lawyer be justifiable?

This lawyer was a family friend and he sided with my uncle on everything and really screwed us children when my dad died. My father owned a ski shop that sold for 1/2 million dollars when he died, none of us ever saw any money for that and we have reason to believe my uncle and the lawyer were behind that too. I think its too late to do anything about my dads estate as it was a decade ago, but I want to make sure my grandmothers is handled correctly.

Any tips, suggestions and the like would be so appreciated!

Thanks!
 


Dandy Don

Senior Member
Yes, you can contact the county courthouse probate court to order copies of the file.

One complication that may come up is that the money may be held in trust and if it is that will not be public record. You should ask your sister to see a copy of the check if she has it to find out the name of the bank that has the funds.

DANDY DON IN OKLAHOMA ([email protected])
 

hlavine

Junior Member
That's one of the reasons I'm concerned about where the money is and why I want to request an accounting. The check my sister received was written on the lawyers personal account.
 

Dandy Don

Senior Member
Why don't you be smart and let your sister ask the attorney for information? He may not be responding to you because you are not eligible to receive your money yet. You need to quit corresponding with this attorney because it will only aggravate him further (although you certainly have a right to request information); only let your attorney have contact with this man.

Having the money in his personal account is not necessarily a red flag but is enough to cause concern, at least you have the right to have your attorney ask about it.
 

hlavine

Junior Member
Why don't you be smart and let your sister ask the attorney for information? He may not be responding to you because you are not eligible to receive your money yet. You need to quit corresponding with this attorney because it will only aggravate him further (although you certainly have a right to request information); only let your attorney have contact with this man.

Having the money in his personal account is not necessarily a red flag but is enough to cause concern, at least you have the right to have your attorney ask about it.
I don't have my own lawyer, should I get one?

I should also say that for some reason I'm the only one of my siblings who is concerned. They would rather not fight about it and keep telling me to "let it go" like we did with my fathers estate, and Im not willing to do that again. I was the one who wrote the certified letter for my sister after she called me crying about it.
 

hlavine

Junior Member
get an attorney. this way you will be able to get documents and so forth
Are you saying that "I" don't have the right to an accounting of my money? Or is it not yet considered my money and thats why I would not be able to request an accounting? But a lawyer could get one if she requested it?
 

Dandy Don

Senior Member
You may have the right to an accounting but only an attorney can tell you whether you do have that right in your state or not--some states allow it and others do not. He can also tell you whether you have the right to a copy of your trust document IF there is a trust.
 

Dandy Don

Senior Member
I would like to amend my advice--at this time you do not need an attorney. IF you were to cause a big stink in demanding an accounting it will offend the trustee (although he shouldn't be) and he may stall or delay your payment when it's time for you to be paid. Better to just wait until you attain the proper age and then ask for your payment and after you receive your payment THEN you can get an attorney and request information if you think it's necessary at that time. Or better yet, since your sibling has already received her payment, ask HER to ask for a copy of the trust and an accounting statement so that he won't suspect you of any ulterior motive. You can even request an audit after you receive your money, but before you are paid do not automatically assume that the trustee is guilty of misconduct until you are able to get evidence of such.

DANDY DON IN OKLAHOMA ([email protected])
 

Dandy Don

Senior Member
Can I change my mind again? You do need an attorney to look into the probate file of your father's estate to see if there is any information in there about the sale of the ski shop and how that money was distributed. If he deliberately kept the money and did not distribute it to the proper beneficiaries then that is theft and it is my understanding that there is no statute of limitations on that and you can sue him for the return of that money.

Your attorney will also need to look into the situation with grandmother's house. What would the house be worth if sold today? Depending on whether it was handled correctly during probate or not, you and your aunt may be able to force the home to be sold (your 2 votes would override your uncle's 1 vote) and then split the proceeds.

DANDY DON IN OKLAHOMA ([email protected])
 

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