Lying at deposition

[Jubybean]

What is the name of your state (Indiana)? My sister-in-law lied at her deposition and nothing was done to her. My two sisters-in-law and my husband had their dad's will supervised because she wasn't giving out the money like she should have done. There was over $9,000 that was collected from the estate sale 2 days after the auction and she was supposed to pass it out among the siblings but no one ever saw a penny except for the other brother who didn't sign the paper to have the estate supervised. What can be done to her since she didn't deperse the money like she was supposed to have done? She is still living in their dad's house,and not paying rent. As far as I know, the house and the 13 acres which the house sets on was supposed to be sold and she was to have moved out right after the auction. She said that the reason why she needed to stay in the house was to take care of it. One of my husband's sister's lives right next door to the property and she could have just as easliy watched the property along with her husband. The sister-in-law who is the executor,as least for now, is a liar and a thief, and I can prove that. I just want to know what you think might happen to her if the judge considers that she is lying and what she said at the deposition doesn't make sense? I will accept any answer given. Thanks.What is the name of your state (only U.S. law)?

 

[seniorjudge]

Will question

Keep your probate questions in the thread above that you started.

 

[Jubybean]

What do you mean

Probate questions in regards to the will?

 

[seniorjudge]

Probate questions in regards to the will?

Now you got it!

 

[Dandy Don]

Did you have an attorney to represent your interests during the probate proceedings?

Is the home paid for in full or is someone still making mortgage payments on it?

Does the will specifically instruct that the home be sold? If not, depending on the number of heirs that there are, if there is a majority of heirs wishing that the home be sold the majority can force a sale. Consult a probate attorney about how to do this and how to resolve your problems with the distribution of the estate sale proceeds.

Did the will specifically exempt an executor's bond from being posted or was there no mention in the will about an executor's bond to protect the financial interest of the beneficiaries?

 

[Jubybean]

pm

Would like to talk to you in private about this since you ask alot of good questions that I can answer you outside of this post.

 

[truthandhonor]

With all due respect, you claim your sister-in-law lied during their deposition and nothing was done to her. What was supposed to have been "done to her?"

I am new at this process of depositions and in my case, I am the petitioner and the trustees are the resondants looking for a get out of jail free card. The opposition is grilling me day after day, week after week with slander, and otherwise gruelling harrassing time wasting false accusations all in the name of grasping at straws. I am losing sleep over it and wonder what on Earth are they going to do to me next.

What can actually be "done to her?"

 

[Jubybean]

Did you have an attorney to represent your interests during the probate proceedings?

Is the home paid for in full or is someone still making mortgage payments on it?

Does the will specifically instruct that the home be sold? If not, depending on the number of heirs that there are, if there is a majority of heirs wishing that the home be sold the majority can force a sale. Consult a probate attorney about how to do this and how to resolve your problems with the distribution of the estate sale proceeds.

Did the will specifically exempt an executor's bond from being posted or was there no mention in the will about an executor's bond to protect the financial interest of the beneficiaries?

This is late response to your question. I looked at the will and it says ,"I direct my Personal Representative convert the entire residue of my estate to cash by privater of public auction,whichever my Personal Representative deems most advantageous to my estate,and that the net proceeds thereof be divided equally between my five children (names I won't put in). " It also says for the PM to pay all debts,funeral expenses,taxes, as soon as practical after my decease,excepting those for which provision is otherwise made herein,from the principal of my residuary estate." What does that last part mean about residuary estate? Does that mean that she can stay in the estate as long as she wants to? Since I am no laywer,I was wondeirng if you knew what that mean. Sorry for taking so long to get back to you.

 

[anteater]

The residuary estate is the assets that are left after specific asset devises are made. For example:

1) I leave my restored 1963 Corvette to my son, Harley.
2) I leave my condo in Aspen to my daughter, Davidson.

Those are specific devises. All the other assets in my probate estate are part of the reiduary. In this case, the will sepcifies how the residue is to be devised - equally to the 5 children. Some wills don't.

No, that does not mean that somone can remain in the deceased's home as long as she wants.