He's A Thief!!!

[carol04]

when my mother passed away and arrangements were made, my brothers did not have any money to split the cost of the funeral ($6,875.00, not counting the cost of flowers and engraving of stone) 3 ways, so i used the money left to me. ($7,000.00) from a life insurance policy i was named beneficiary. my brother was named beneficiary to her will in which she left him her house. he was also named executor when my aunt relinquished her duties. (my brother became impossible to deal with)

before my mom's death she told me, my husband, my children and my brother that her Christmas club savings ($1k) was to go to my children. i collected the money from the bank then later was told by the bank a lawyer probating the will stated i had to return the money and my brother was to receive it. i returned the money. my brother refuses to give my children what morally belongs to them. I know legally it does not. (it was not mentioned in the will) he stole this money from my children. although some may say it was not much, I feel a thief is a thief. If he is intitled to his share then I want mine. My brother and I don't speak anymore by his choice. After what he did to my children I couldn't care less if we ever do.

I am filing a claim with the courts. My brother's attorney stated there is no money left in the estate to pay, I know there is. I believe he doesn't want me to file a claim.

Does anyone know if there an order or law that states what debts the estate has to pay first? (Pennsylvania) confused:

 

[JETX]

You said: "I am filing a claim with the courts. My brother's attorney stated there is no money left in the estate to pay, I know there is. I believe he doesn't want me to file a claim."

Though I certainly sympathize with your plight, I have to ask what 'debt' are you claiming that needs to be paid??? If you are suing over the verbal claim of the Xmas funds, you will probably NOT succeed since it clearly was not a part of the will, and he was/is the executor.

I would suggest you have a better claim for the 1/3 of the burial costs. If he in fact agreed to reimburse you personally, that claim would not be limited by the status of the estate.

 

[carol04]

THANKS FOR YOUR RESPONSE.

I AM PUTTING A CLAIM IN TO THE ESTATE TO PAY FOR THE COST OF THE FUNERAL EXPENSES.

MY BROTHER IS NOT GOING TO VOLUNTARILY HAND OVER ANY MONEY. HE STILL HAS NOT RETURNED THE MONEY TO MY CHILDREN AND I KNOW NOW HE NEVER WILL.

ALL MONEY BELONGING TO MY MOTHER AFTER HER DEATH WAS SUPPOSE TO BE PUT INTO AN ESTATE ACCOUNT. THAT WOULD INCLUDE THE XMAS, A SEVERENCE PAY CONSISTING OF $2,500.00 (BOTH OF WHICH HE GRABBED) PLUS ANNUITIES. SO I KNOW THERE IS MONEY IN THE ESTATE.

SO IF THERE WAS NO MEDICAL EXPENSES, BLUE CROSS PAID 100%, WOULDN'T THE FUNERAL EXPENSES HAVE TO BE PAID NEXT?

I ONLY PAID FOR IT BECAUSE I DIDN'T KNOW THERE WAS A WILL AND THE ESTATE WOULD HAVE PAID FOR IT. THE WILL WAS HIDDEN FROM ME BY MY BROTHER

 

[advisor10]

12-19-2001

DEAR CAROL:

Congratulations on being smart enough to file a claim to be reimbursed for the $6,875.00 funeral expenses. This is an expense that the estate is supposed to pay, so I think you are in a very strong position to get that money. It's a shame that your brother hid the will from you--that's no way to treat somebody, but you know how selfish some people can be when it comes to money.

The matter of the $1,000 Christmas club money is a little bit more complicated. When you were told by the bank lawyer that you had to return the money, you should have done some checking first before returning it to find out whether you had the legal right to keep that money, however--you did do the correct thing by returning it. You should have contacted the bank to look at the account card your mother signed for the Christmas club to see if she had specifically named anyone to be beneficiary of that account--if she had not specified anyone to be beneficiary, then legally that money does belong to the estate. But your brother should at least be nice enough to tell you that he is willing to pay you back the $1,000 from the estate (hopefully you are right when you say that the estate can afford it).

I applaud you for trying to get your mother's wishes enforced. I also feel you should get the $1,000 for your children. Good luck--I think you will be the winner all the way around!

SINCERELY,

advisor