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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 08-01-2002, 09:37 PM
roamer5
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Kicked Out Of The Family


What is the name of your state? Florida

I recently found out that I am no longer an executor of the joint estate of my Mother and Step-Father. They are both of sound mind and body. My sister and step-sister's husband are the two executors. There are no other siblings.

Do I have any rights to change this; and if so do I need an attorney or can I contact the attorney who set this whole thing up? I am also open to any other suggestions.

I knew I should've sent them an anniversary present.
  #2  
Old 08-02-2002, 05:59 AM
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Join Date: Feb 2002
Location: Indiana
Posts: 662
You can't change somebody's will for them. I'm afraid you are out.
  #3  
Old 08-02-2002, 03:41 PM
roamer5
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In the cold, rain, and snow.
  #4  
Old 08-03-2002, 09:56 PM
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Join Date: Dec 1999
Location: Several States
Posts: 4,500
The of executor is NOT what I'd worry about. Unstead worry about the status of beneficiary -- who gets the money rather than who handles the money.

It's not too late to be nicer.
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  #5  
Old 08-03-2002, 10:28 PM
roamer5
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According to Mom, I am a beneficiary for 25% of the estate. My sister is 25%, and step-sister is 50%. My step-father is running the show on this and is verbally and physically abusive to Mom (another issue for another board).

How do I go about verifying that I am in fact a beneficiary, as my step-father refuses to send me or my sister anything in writing?

Also, what's to stop my step-sister's husband (one of the executors) from just taking everything, since he's probably the only one who really knows account numbers and where everything is. All assets are in a trust, which means he may actually be a trustee.

This is why the cold , rain, and snow ain't half bad sometimes.

Last edited by roamer5; 08-03-2002 at 10:37 PM.
  #6  
Old 08-05-2002, 03:10 PM
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Join Date: Apr 2002
Posts: 9,334
You have the right to request a copy of the trust by sending a certified letter to the trustee. However, it usually takes 1-2 months to settle the affairs of the trust, so you should wait awhile before doing this in order to give the trustee time to take care of estate affairs.

In view of the bad relations here, you may want to seriously consider getting an attorney to write this letter for you using his letterhead, so the trustee will take your request more seriously and be more motivated to respond. It would also be helpful for you to have an attorney available for advice/consultation on any questions you have regarding any problems or special situations that might come up while this estate is being probated.

If you don't already have a copy of the will, check at the courthouse to see if it has been filed and get a copy there. Most of the important assets will probably be put into the trust, so that is where you will probably benefit most, but you still need to know if you are a beneficiary of the will also.

DANDY DON (tiekh@yahoo.com)
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